Litigants Clash Over Reach Of Ruling On CERCLA Third-Party Defense

California regulators and a tax-sale property buyer are at odds over whether a federal appeals court should reconsider its precedent-setting ruling that blocked the property buyer from using the Superfund law's third-party defense as a shield against liability, which the buyer says will leave local taxing authorities "stuck" with contaminated properties. In an April 27 ruling of first impression , the U.S. Court of Appeals for the 9th Circuit held in State of California, Department of Toxic Substances Control (DTSC)...