In re: September 11 Litigation, No. 10-4197 (2d Cir. 2014)Annotate this Case
Cedar & Washington, a real estate developer, filed suit against the owners and lessees of the World Trade Center and others under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. 9601-9675, seeking recovery of costs incurred in remediating a nearby building contaminated by the September 11, 2001 attack on the World Trade Center. The court concluded that the attack constituted an "act of war" for purposes of CERCLA's affirmative defense. The attacks directly and immediately caused the release of harmful substances (WTC dust), and were the "sole cause" of the release because the attack "overwhelm[ed] and swamp[ed] the contributions of the defendant[s]." Accordingly, the court affirmed the district court's dismissal of Cedar & Washington's claim.