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United States v. Medley

Citation: 17 ELR 20299
No. No. 7:86-252-3, 24 ERC 1858/(D.S.C., 07/01/1986) Motion to strike defense granted

The court rules that the only defenses to Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) liability are those enumerated in § 107(b). Accordingly the court grants a motion by the government under Federal Rule of Civil Procedure 12(f) to strike a corporate defendant's defense based on CERCLA § 104(a). The defendant argued that the government's failure to provide the company with a reasonable opportunity to undertake a response action precludes the government from seeking a reimbursement of costs. The court rules that nothing in § 104(a) imposes an affirmative duty on the government to consult with private parties prior to undertaking a response action, and that notification of responsible parties is not a condition precedent to maintaining a government-initiated response action under CERCLA.

[Related opinions appear at 17 ELR 20297 and 20299.]

Counsel are listed at 17 ELR 20297.