Case Study: Summary Judgment on Alleged Groundwater Contamination

In a federal case in New Mexico, DGS worked with a team of attorneys to defeat the state’s claim for more than $4 billion in damages for alleged groundwater contamination.  The state brought CERCLA claims and state statutory and common law claims including trespass, nuisance and negligence.  The court concluded that the State had failed to carry its burden on injury and damages and dismissed.  The 10th Circuit affirmed, 467 F.3d 1223. 

(Partners:  Robert Lawrence, William Duffy, and Adam Cohen)