In The News

    • May 2, 2014
      '2nd Circ. Accepts CERCLA ‘Act of War’ Defense In 9/11 Row'
      Leah Ward Sears
      Schiff Hardin partner Leah Ward Sears was quoted in this article after the Second Circuit ruled in favor of Port Authority of New York and New Jersey, among others. The Second Circuit affirmed the district court’s ruling that Defendants are not liable under CERCLA, because the events of September 11, 2001 constituted an 'act of war' within the meaning of CERCLA's affirmative defense. The long-running litigation arose when Cedar & Washington Associates LLC uncovered concrete, asbestos, lead, mercury and other finely ground substances that environmental regulators required it to remediate before it could convert its office building into a 19-story hotel. Ms. Sears said the firm is very pleased with the Second Circuit’s ruling under the particular circumstances of this case.