New York State Amicus Brief

New York files Amicus Brief (13 page PDF, 38 KB) in support of Plaintiff's contribution claim post-Avial. The memorandum of law in opposition to Defendant's motion to dismiss the claim was filed in SENECA MEADOWS, INC. v. ECI LIQUIDATING, INC., et al., pending in the United States District Court, Western District of New York (95-CV-6400L). The motion to dismiss in effect challenges the powers of the New York State Department of Environmental Conservation (NYSDEC) to settle claims under the federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. § 9601 et seq. (CERCLA or Superfund), as amended. NYSDEC entered into three Orders on Consent pursuant to which the Plaintiff Seneca Meadows, Inc. (Seneca) was obligated to investigate and remediate a site known as the Tantalo Landfill (Site) in Seneca Falls, New York. It is the State's position that the Orders constituted a settlement by NYSDEC of its claims against Seneca under both state law and under the federal Superfund law. As a result of that settlement, and pursuant to the express authority of CERCLA, 42 U.S.C. § 9613(f)(3)(B), Seneca is empowered to bring a contribution action under CERCLA against other parties that it alleges are also responsible for the pollution of the Site.