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W.R. GRACE & CO.-CONN. v. ZOTOS INTERN., INC.

Docket No. 05-2798-cv.

559 F.3d 85 (2009)

W.R. GRACE & CO.—CONN., Plaintiff-Appellant, v. ZOTOS INTERNATIONAL, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: March 4, 2009.

Attorney(s) appearing for the Case

Kevin M. Hogan, Phillips Lytle LLP, Buffalo, NY, for Plaintiff-Appellant.

Thomas R. Smith, (Robert R. Tyson, Lillian Abbott Pfohl, on the brief) Bond, Schoeneck & King, PLLC, Syracuse, NY, for Defendant-Appellee.

Robert Emmet Hernan, Michelle Aronowitz, Eugene J. Leff, and Gordon J. Johnson, for Eliot Spitzer, Attorney General for the State of New York, New York, NY, submitted a brief for Amicus Curiae the State of New York, in support of Plaintiff-Appellant.

Kevin A. Szanyi, Nelson Perel, A. Timothy Webster, Webster Szanyi LLP, Buffalo, NY; Jeffrey N. Martin, Eric J. Murdock, Hunton & Williams LLP, Washington, DC, submitted a brief for Amici Curiae Allied Waste Systems, Inc. and Browning-Ferris Industries of New York, Inc., in support of Defendant-Appellee.

Before: RAGGI and HALL, Circuit Judges, and KORMAN, District Judge.

HALL, Circuit Judge:

Plaintiff W.R. Grace & Co.-Conn. ("Grace") seeks to recover necessary response costs under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("CERCLA") for costs Grace incurred in cleaning up a certain contaminated site in New York. The District Court (Skretny, J.) concluded Grace, which is itself a responsible party, is not entitled to recovery under CERCLA because Grace had not previously been a party...

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