New Mexico issued order under Water Quality Act. Since that law did not provide for cost recovery, court found no dischargeable claim. Court found it did not matter that state could have pursued cost recovery under another law. Focus was on the law that the state elected to use. Also broad interpretation of "ongoing pollution". In re Mark Industries, 2010 Bankr. LEXIS 3587 (Bankcy. S.D. 10/21/10)
This decision suggests that Apex decision which Supreme Court declined to hear may displace 2nd Circuit's 1991 LTV decision in importance.
This decision suggests that Apex decision which Supreme Court declined to hear may displace 2nd Circuit's 1991 LTV decision in importance.
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