Environmental & Energy,
9th U.S. Circuit Court of Appeals
Sep. 30, 2025
Remedial means rigorous: 9th Circuit reinforces CERCLA standards
The 9th Circuit's unpublished Moreland decision reinforces that private CERCLA cost recovery hinges on strict compliance with the National Contingency Plan (NCP), not on state agency labels.
Owners and developers often complete excavations under state-approved plans and then pursue federal cost recovery. The 9th Circuit's memorandum disposition in Moreland Properties LLC v. Goodyear Tire & Rubber Co., No. 24-2451 (9th Cir. Aug. 26, 2025) (mem.), shows this strategy fails when a remedial project lacks an NCP feasibility study. On Aug. 26, 2025, the court affirmed a defense judgment on CERCLA after a bench trial and affirmed summary judgment o...
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