Closing Atlantic Research's Gap: CERCLA’s Next Step
July 27, 2010, 1:08 PM EDT
Law360, New York (July 27, 2010, 1:08 PM EDT) -- In the three years since the U.S. Supreme Court’s decision in United States v. Atlantic Research Corp., 551 U.S. 128 (2007), courts have grappled with an issue explicitly left open by that opinion: whether potentially responsible parties that incur remediation costs pursuant to an administrative order or consent decree under the Comprehensive Environmental Response, Compensation and Liability Act may pursue a cost recovery action under Section 107, Section 113, or both.
The clear weight of authority from both district and appellate courts to date holds that...
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