Saturday, June 23, 2007
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).)
https://lawprofessors.typepad.com/environmental_law/2007/06/cercla-private-.html