Case Loan Counts As CERCLA Response Cost: 3rd Circ.

Law360, Los Angeles (June 6, 2013, 6:32 PM EDT) -- The Third Circuit on Wednesday vacated a district court decision against the U.S. Virgin Islands Department of Planning and Natural Resources, finding that a $61,500 loan advanced by attorneys in an environmental cleanup case could count as a “response cost” to be repaid by defendants.

Judge Harvey Bartle III in 2011 granted defendants’ motions for summary judgment in a suit brought by DPNR for past and future response costs under the Comprehensive Environmental Response, Compensation and Liability Act. DPNR sought to recover costs for releases or...
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