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TITLE Supreme Court en banc Decision 2009Da66549 Decided May 19, 2016¡¼Damages¡½ [full Text]
Summary
Where a previous landowner sells land after either causing soil pollution by discharging, leaking, dumping, or neglecting soil contaminants without subsequently purifying the contaminated soil, or illegally burying waste without subsequently treating the waste, whether such act can be deemed a tort committed against a counterparty or current owner of the relevant land (affirmative in principle)
Whether the previous landowner, as the tortfeasor, is liable for compensating the current landowner for damages amounting to costs incurred or likely to incur for purifying the contaminated soil or treating the buried waste (affirmative)
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