Federal Judge Denies Motion To Dismiss Defaulting Parties In CERCLA Dispute

Mealey's (January 6, 2023, 8:48 AM EST) -- CHARLOTTE, N.C. — The owner of a former waste disposal facility where hazardous waste was disposed must show that it will not recover more in settlements than the cost to remediate the facility or seek dismissal against 288 defaulting defendants with prejudice, a federal judge in North Carolina held in denying the owner’s motion to dismiss the defendants without prejudice while granting it leave to refile its motion to dismiss....