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Cooper Industries, Inc. v. Aviall Services, Inc.

Docket No.: 02-1192
Certiorari Granted: Jan 9 2004
Argued: October 6, 2004
Decided: December 13, 2004

Topics:

42 U.S.C. 9613, Economic Activity, Natural Resources, and Liability Act of 1980, Civil Procedure, Civil Rights Act, Civil Rights Act of 1964, Compensation, Comprehensive Environmental Response, EPA, Environmental Protection Agency, Federal Rules of Civil Procedure, Sherman Act, Title VII, cost recovery

PartyNames: Cooper Industries, Inc. v. Aviall Services, Inc.
Petitioner: Cooper Industries, Inc.
Respondent: Aviall Services, Inc.

Court Below: United States Court of Appeals for the Fifth Circuit
Citation: 312 F3d 677
Supreme Court Docket

Cooper Industries, Inc.
v.
Aviall Services, Inc.
543 U.S. 157 (2004)
Question Presented:

Whether a private party who has not been the subject of an underlying civil action pursuant to CERCLA Sections 106 or 107, 42 U.S.C. §§ 9606 or 9607, may bring an action seeking contribution pursuant to CERCLA Section 113(f)(1), 42 U.S.C. § 9613(f)(1), to recover costs spent voluntarily to clean up properties contaminated by hazardous substances.

Question:

Does the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) require that a party liable for pollution be sued under CERCLA before seeking clean up funds from other liable parties?

Cooper Industries, Inc. v. Aviall Services, Inc.
ORAL ARGUMENT

October 6, 2004

Holding: reversed and remanded
Decision: Decision: 7 votes for Cooper Industries, Inc., 2 vote(s) against
Vote: 7-2
Opinion By: Justice Clarence Thomas

Cooper Industries, Inc. v. Aviall Services, Inc.
Case Documents

1Opinion in Cooper Industries, Inc. v. Aviall Services, Inc.
2Opinion in Cooper Industries, Inc. v. Aviall Services, Inc.
3Slip Opinion in Cooper Industries, Inc. v. Aviall Services, Inc. (Opinion by )
Additional documents for this case are pending review.