Morrison Brings CERCLA Recovery Suit To Supreme Court

Law360, New York (July 12, 2011, 6:39 PM EDT) -- Morrison Enterprises LLC petitioned the U.S. Supreme Court this month to examine which of two sections of federal environmental law a party should use to recover cleanup costs incurred under a consent decree — a question the court left unanswered in a 2007 ruling.

The agricultural company filed a petition for writ of certiorari July 1, seeking a reversal of an Eighth Circuit decision in April, which found that a party that settles a Comprehensive Environmental Response, Compensation and Liability Act suit can only recover cleanup...
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