Niagara Mohawk Power Corp. v. Consolidated Rail Corp.

ELR Citation: ELR 20573
No(s). 98-CV-1039 (N.D.N.Y. May 5, 2000)

The court holds that a railroad's motion to dismiss a power company's Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) cost recovery action against it for lack of subject matter jurisdiction must be denied. The court first holds that the power company's allegation as co...