Tocco v. New Jersey Council on Affordable Housing

How later courts describe this case

• holding dismissal of plaintiffs claim is appropriate where complaint contains only eonclusory allegations of a violation of a Constitutional right
• allowing recovery of attorneys' fees and litigation costs by private party CERCLA plaintiff
• complaints based on violation of constitutional right must contain more than conclusory allegation to avoid dismissal
• plaintiff, a former owner of the site, entered into consent decree with state agency and others to cleanup a site prior to plaintiffs section 107(a) claim against another PRP
• plaintiff, a former owner of a site, entered into a consent decree with a state agency and others to clean up a site prior to plaintiff's § 107(a) action against another PRP
• input of the Missouri Department of Natural Resources (MDNR
• NCP specifically contemplates excavations as appropriate removal actions
• listing eases on both sides of controversy