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Second Circuit Upholds Principle that Passive Sandwich Lessee is Neither an "Owner" nor an "Operator" under CERCLA
May 18, 2017
Garrett D. Trego
MGKF Litigation Blog
Last week, the Second Circuit issued an unpublished decision affirming an earlier decision of the Eastern District of New York that stands for the principle that a passive lessee that subleases a property to an unaffiliated tenant is neither an “Owner” nor an “Operator” under CERCLA. Next Millenium Realty, LLC v. Adchem Corp., No. 16-1260-cv, 2017 U.S. App. LEXIS 8476 (2d Cir. May 11, 2017).
Read the full blog post.
