Judge Finds Successor Liability Applies In Clean Air Act Suit
BATON ROUGE, La. – A federal judge in Louisiana on Dec. 1 held that successor liability is applicable in a case brought under the Clean Air Act (CAA) by the government and the Louisiana Department of Environmental Quality (LDEQ) against the company that purchased the Big Cajun II coal-fired power plant in New Roads, La., because the company assumed its predecessor’s environmental liabilities in an asset purchase agreement (APA) (United States of America, et al. v. Louisiana Generating LLC, No. 09-100-JJB-CN, M.D. La.; 2011 U.S. Dist. LEXIS 137973).
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