ELR Citation: 44 ELR 20104
No(s). 10-4197 (2d Cir. May 2, 2014)

The Second Circuit upheld a lower court decision dismissing a developer's CERCLA indemnity claim for remediation costs it incurred as the owner of a building contaminated by toxic dust from the September 11, 2001, attack on the World Trade Center. The developer filed suit against the owners and lessees of the World Trade Center (and the owners of the airplanes that crashed into it) under CERCLA seeking recovery of costs it incurred in remediating a nearby building. The attack, however, constitutes an “act of war” for which CERCLA provides an affirmative defense. The lower court, therefore, properly dismissed the case.