ALI-ABA Course of Study Environmental Litigation

Transcription

1 107 ALI-ABA Course of Study Environmental Litigation Sponsored with the cooperation of the University of Colorado School of Law June 24-27, 2009 Boulder, Colorado Material on Effective Advocacy in Air, Water, and Hazardous Waste Litigation By Donald W. Stever K&L Gates LLP New York, New York

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3 109 Donald W. Stever Bablu David Naidu KIRKPATRICK & LOCKHART NICHOLSON GRAHAM LLP 599 Lexington Avenue New York, New York (2I2) Attorneys for the Plaintiffs MAR ; U 2006 D P_ N UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK AMETEK INC., AMPACET CORPORATION, BURNHAM CORPORATION, ENGELHARD CORPORATION, GENERAL MOTORS CORPORATION, INVENSYS, LITTON SYSTEMS, INC., MTA METRO NORTH RAILROAD, OTIS ELEVATOR COMPANY, PHELPS DODGE CORP., PRECISION VALVE CORP., REYNOLDS METALS COMPANY, SPRAYLAT CORP., THE PURDUE FREDERICK COMPANY, UNION CARBIDE CORPORATION, and WYETH CORPORATION, who have organized themselves as and are doing business as the CROTON POINT LANDFILL JOINT DEFENSE GROUP, as Civ, against- Plaintiffs, KRAFT FOODS NORTH AMERICA INC., HUDSON PHOTOGRAPHIC INDUSTRIES, INC., KINGS ELECTRONICS COMPANY, INC., COUNTY ASPHALT, INC., ROBERT MARKELL, MARVAL INDUSTRIES, INC., PASCAP COMPANY, fnc., PROCTOR PAINT & VARNISH CORP., ROBERT A. ROTI-I, ROBERT A. ROTH, INC_, I

4 110 SIEMENS BUILDING TECHONOLOGIES, INC., SIGMUND COHN CORPORATION, 3 SKIBO LANE CORP., STIK-II PRODUCTS, INC., TENSOLITE COMPANY, THE GILLETTE COMPANY, WARD LEONARD ELECTRIC COMPANY, CITY OF MOUNT VERNON, CITY OF NEW ROCHELLE, CITY OF PEEKSKILL, CITY OF RYE, CITY OF WHITE PLAINS, CITY OF YONKERS, LARCHMONT-MAMARONECK JOINT GARBAGE DISPOSAL COMMISSION, TOWN OF BEDFORD, TOWN OF CORTLANDT, TOWN OF EASTCHESTER, TOWN OF GREENBURGH, TOWN OF HARRISON, TOWN OF LEWISBORO, TOWN OF MAMARONECK, TOWN OF NEW CASTLE, TOWN OF NORTH CASTLE, TOWN OF NORTH SALEM, TOWN OF OSSINING, TOWN OF POUND RIDGE, TOWN OF RYE, TOWN OF SOMERS, TOWN OF YORKTOWN, VILLAGE OF ARDSLEY, VILLAGE OF BRIARCLIFF MANOR, VILLAGE OF BRONXVILLE, VILLAGE OF BUCHANAN, VILLAGE OF CROTON-ON-HUDSON, VILLAGE OF DOBBS FERRY, VILLAGE OF ELMSFORD, VILLAGE OF HASTINGS-ON-HUDSON, VILLAGE OF IRVINGTON, VILLAGE OF LARCHMONT, VILLAGE OF MAMARONECK, VILLAGE OF MOU IT DISCO, VILLAGE OF OSSINING, fl VILLAGE OF PLEASANTVILLE, VILLAGE OF PORT CHESTER, VILLAGE OF SCARSDALE, 2

5 111 VILLAGE OF SLEEPY HOLLOW, VILLAGE OF TARRYTOWN, VILLAGE OF TUCKAHOE, and JOHN DOES 1-3 Defendants. Plaintiffs, as the Croton Point Landfill Joint Defense Group ("Joint Defense Group"), by their undersigned counsel, allege as follows : NATURE OF THE ACTION 1. This is an action for contribution pursuant to Section 113 of the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. 9613, by the Joint Defense Group to recover from the defendants named herein their fair share of the remedial response costs already paid by the Joint Defense Group to reimburse the State of New York and County of Westchester for remediation of the Croton Point Sanitary Landfill ("Site') and to obtain a declaratory judgment in the event that Plaintiffs are required to pay additional remedial costs. JURISDICTION AND VENU E 2. This Court has jurisdiction over the cause of action, which arises under the laws of the United States, pursuant to 28 U.S.C. 1331, 42 U.S.C and 42 U.S.C. 9613(b). The Court also has jurisdiction to enter a declaratory judgment under 28 U.S.C and 42 U.S.C. 9613(g)(2).