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Environment & Energy Report

TDY Holdings Can Recoup Only Fraction of Cleanup Costs From U.S.

Oct. 16, 2020, 4:33 PM

Defense contractor TDY Holdings LLC can recoup only $50,000 of a $9 million Superfund cleanup tab from the federal government for contamination at its defunct San Diego aeronautical manufacturing plant, after the Ninth Circuit upheld a ruling that the U.S. played a limited role in the contamination when it required the use of two chemical contaminants at issue.

The Southern District of California wasn’t wrong in holding that TDY must bear the lion’s share of cleanup costs because its management and handling of chromium and chlorinated solvents “resulted in their introduction to the environment,” the U.S. Court of Appeals for...

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