ELR Citation: ELR 20112
No(s). 07-2581 (2d Cir. May 5, 2009)

The Second Circuit issued a summary order vacating and remanding a lower court decision denying an energy company's motion to add a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107 claim in its lawsuit against another potentially responsible party. Because the company reasonably believed, under the circumstances of this case and the evolving case law governing its claims, that it could not assert a claim under CERCLA §107(a)(4)(B) until the U.S. Supreme Court issued its decision in United States v. Atlantic Research Corp., 551 U.S. 128, 37 ELR 20139 (2007), because it moved quickly thereafter to assert such a claim, and because the timing of its assertion did not prejudice the defendants, the lower court abused its discretion by denying the company leave to amend.

[A prior decision in this litigation can be found at 39 ELR 20112.]