Appeals Court Finds Environmental Liability Statute Has Broad Application
- January 21, 2013
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LRAs and developers may finally be able to breathe a sigh of relief that they can rely on a federal statute to protect them from liability for undiscovered contamination at BRAC sites, following a federal appeals court ruling earlier this month concluding that regulatory actions carried out by environmental agencies are covered under the law. The decision by the Federal Circuit — which reverses the finding of the U.S. Court of Federal Claims in a case brought by Indian Harbor Insurance to recover costs to remove soil contamination at the former Marine Corps Air Station (MCAS) Tustin, Calif. — settles for now the question of how broadly the federal courts will interpret Section 330 of the 1993 defense authorization act …

