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Monday, June 11, 2007
Environment - Important CERCLA-related SCOTUS opinion issued today
From the early AP report: "Court Allows Recovery of Voluntary Cleanup Costs." [Thanks to How Appealing]
The case is United States v. Atlantic Research Corp.. From the opinion summary:
The District Court dismissed the case, but the Eighth Circuit reversed, holding that §113(f) does not provide the exclusive remedy for recovering cleanup costs and that §107(a)(4)(B) provided a cause of action to any person other than those permitted to sue under §107(a)(4)(A). Held: Because §107(a)(4)(B)’s plain terms allow a PRP to recover costs from other PRPs, the statute provides Atlantic Research with a cause of action.Here are some earlier ILB entries on recovery of voluntary cleanup costs.
Posted by Marcia Oddi on June 11, 2007 12:04 PM
Posted to Environment | General Law Related