Remediation Suit Against Oil Company Fails; No Link Found to Allegedly Leaky Tank

Catherine Lopez recently won summary judgment motion on all claims on behalf of a Fortune 50 oil company in a case in which the owner of a former service station property sued under New York’s Navigation Law. The plaintiff sought recovery based on claims associated with remediation of the property and diminution in value allegedly caused by a leaking underground storage tank that the plaintiff contended was the responsibility of the company during its tenure at the site. The complaint was dismissed because the court found that the plaintiff did not meet its burden of proof in establishing that the company was a “discharger” under the Navigation Law, as the plaintiff did not show a nexus between the company and the allegedly leaky tank.

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