11th Circuit Ruling Bolsters EPA's Defense Against Superfund Tort Claims

A new appellate court ruling that says EPA-led Superfund cleanup actions are “discretionary” and exempt from the Federal Tort Claims Act (FTCA) could bolster the agency's defense against suits that seek restitution for damage caused by cleanups, including ongoing litigation over the 2015 Gold King Mine spill caused by an EPA cleanup. EPA is already citing the U.S. Court of Appeals for the 11th Circuit's Nov. 30 ruling in Gadsden Industrial Park (GIP) v. United States, et al. , in...