The owner of a building contaminated with toxic dust after the destruction of the World Trade Center cannot recover money spent on the cleanup because the attacks were an act of war, the U.S. Court of Appeals for the Second Circuit held Friday.
Affirming Southern District Judge Alvin Hellerstein (See Profile), the Second Circuit said that real estate developer Cedar & Washington Associates’ bid for indemnification under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) must fail.
