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United States v. Atlantic Research Corp.

Docket No.: 06-562
Certiorari Granted: Jan 19 2007
Argued: April 23, 2007
Decided: June 11, 2007

Topics:

cost recovery, Natural Resources

PartyNames: United States v. Atlantic Research Corporation
Petitioner: United States
Respondent: Atlantic Research Corporation

Court Below: United States Court of Appeals for the Eighth Circuit

United States
v.
Atlantic Research Corporation
551 U.S. 128 (2007)
Question 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).

Question:

Can a party that is potentially responsible for the cost of cleaning up contaminated property under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) bring an action against another potentially responsible party under Section 107(a), even if the party does not satisfy the requirements for bringing an action for contribution under Section 113(f) of CERCLA?

Holding: affirmed
Vote: 9-0
Opinion By:
Read UNITED STATES V. ATLANTIC RESEARCH CORP. opinion (PDF)
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