Does the definition of "federally permitted release" under CERCLA apply to a permit issued pursuant to any federal environmental law or other government authorization?

California, United States of America


The following excerpt is from Otay Land Co. v. U.E. Ltd., L.P., 15 Cal.App.5th 806, 225 Cal.Rptr.3d 119 (Cal. App. 2017):

CERCLA contains a similar exception ( 42 U.S.C. 9607(j) ), and defines "federally permitted release" to include various releases in compliance with permits under specified laws or other government authorization. (Id ., 9601(10); see Barnes ex rel. Estate of Barnes v. Koppers, Inc. (5th Cir. 2008) 534 F.3d 357, 363, fn. 5 [federally permitted release is a "discharge pursuant to a permit issued under any of a variety of federal environmental laws"]; 25325 [incorporating CERCLA definition of federally permitted release].)

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