Emhart Industries, Inc. v. CNA Holdings LLC, No. 19-1563 (1st Cir. 2021)
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The First Circuit affirmed the ruling of the district court approving a consent decree to which Appellants, three companies, were not parties but that had been entered into by certain federal agencies, Emhart Industries, and the State of Rhode Island, holding that the district court's approval of the decree was proper.
The decree settled claims involving parties under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and Rhode Island law regarding the responsibility for and allocation of the costs of the cleanup of a contaminated Superfund site located in North Providence, Rhode Island. The decree further purported to bar Appellants' own CERCLA claims against Emhart and the federal agencies relevant to the allocation of the costs of the site's cleanup. The district court approved the decree. The First Circuit affirmed, holding that the district court did not err in approving the decree.
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