CERCLA private cost recovery

 

The Supreme Court granted certiorari in du Pont v. U.S., 460 F.3d 515 (3rd Cir. 2006),which held that potentially responsible parties (PRPs) did not have an implied cause of action under CERCLA 107(a) or common law to recover voluntarily incurred cleanup cost from other PRPs. The Supreme Court also vacated the judgment and remanded the case for further consideration in light of U.S. v. Atlantic Research Corp., 2007 WL 1661465 (2007). Atlantic Research Corp. held that CERCLA 107(a) provides PRPs with a cause of action to recover such voluntarily incurred costs from other PRPs. (Case below: E.I. DuPont de Nemours & Co. v. United States, 460 F.3d 515 (C.A.3-N.J. 2006).)