Author Archives: Susan E. Van Gelder

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Does a Recent Vermont Supreme Court’s Affirmation of Trial Court’s Dismissal of State’s Claims Against Groundwater Defendants Based on Limitations Really Mean Additional Claims?

Potential groundwater contamination defendants may want to watch for additional claims after a recent Vermont Supreme Court decision affirming the dismissal of claims against groundwater defendants based on limitations. This case involved alleged contamination of Vermont’s groundwater. The plaintiff was the State of Vermont and the defendants included at least 27 energy companies. After years of alleged contamination as a result of Methyl tertiary butyl ether (MTBE) leaking into groundwater, the State of Vermont brought claims based on public nuisance, private nuisance, trespass, negligence, strict…

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