Forum
U.S. Supreme Court
Case Status
Decided
Docket Number
06-562
Term
2006 Term
Oral Argument Date
April 23, 2007
Questions Presented
Whether a party that is potentially responsible for the cost of cleaning up property contaminated by hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. 9601 et seq., but that does not satisfy the requirements for bringing an action for contribution under Section 113(f) of CERCLA, 42 U.S.C. 9613(f), may bring an action against another potentially responsible party under Section 107(a), 42 U.S.C. 9607(a).
Case Updates
Outcome
June 11, 2007
Agreeing with NCLC, the Supreme Court affirmed the Eighth Circuit’s conclusion.
U.S. Chamber files amicus brief regarding reimbursement for voluntary cleanup costs under CERCLA
April 05, 2007
NCLC filed a brief urging the Supreme Court to affirm the Eighth Circuit’s conclusion that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), otherwise known as the Superfund Act, permits a party which voluntarily cleans up a polluted site to recover the cleanup costs from the responsible parties. In the wake of the Supreme Court’s decision inCooper Industries v. Aviall, the lower courts have been divided as to the availability of such reimbursement. In its brief, NCLC argued that the statute’s plain language and basic principles of fairness require that CERCLA be read to provide a right of contribution for voluntary cleanup costs.