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Thursday, May 9, 2024

BASF seeks recovery of response costs over hazardous substances released into Hudson River

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ALBANY, N.Y. (Legal Newsline) – A New Jersey corporation is seeking recovery of response costs for hazardous substances from several companies associated with a New York property it now owns or the adjacent property.

BASF Corp. filed a complaint on Feb. 1 in the U.S. District Court for the Northern District of New York against Albany Molecular Research Inc.; Amri-Rensselaer Inc. formerly known as Organichem Corp., et al., citing the Comprehensive Environmental Response, Compensation, and Liability Act of 1980.

According to the complaint, the plaintiff is seeking contribution and recovery of response costs from the defendants it has incurred in response to the release of hazardous substances in the Hudson River that are the subject of a New York State Superfund Project.

The plaintiff alleges it owns a property in Rensselar, New York and the property and an adjacent property previously used a sewer line installed in 1908 that discharged untreated process wastewater, cooling water and sanitary wastewater from both sites to the Hudson River. The suit states this sewer line was used until 1976.

The plaintiff alleges the defendants either previously owned or operated at the two New York properties at the time the hazardous substances were released and alleges it is entitled to cost recovery for the necessary response costs.

The plaintiff seeks declaratory judgment, award of costs incurred, prejudgment interest, attorneys' fees, expert fees and such other and further relief as the court determines is just, equitable and appropriate. It is represented by Keith P. McManus of Bressler, Amery & Ross PC in Florham Park, New Jersey.

U.S. District Court for the Northern District of New York case number 1:19-cv-00134-LEK-DJS

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