An Alabama industrial park owner can’t pursue claims against the federal government for damage to its property that occurred during a Superfund cleanup, the Northern District of Alabama ruled (Gadsden Indus. Park, LLC v. United States, N.D. Ala., No. 15-cv-0956, 10/3/17).
The Environmental Protection Agency is immune from the claims brought by Gadsden Industrial Park LLC under the Federal Tort Claims Act, the court said.
The government is protected from suit by the “discretionary function” exception to the FTCA, which clears the government of liability for the performance of a discretionary function or duty, the court said.