Jump to Navigation
Jump to Content

Fallowfield Dev. Corp. v. Strunk

ELR Citation: 21 ELR 21404
Nos. Nos. 89-8644, 90-4431, 766 F. Supp. 335/(E.D. Pa., 06/14/1991)

The court upholds its prior decision that attorney fees are not recoverable response costs in a private-party action under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Plaintiffs sought reconsideration of the court's decision after the U.S. Court of Appeals for the Eighth Circuit held in General Electric Co. v. Litton Industrial Automation Systems, 21 ELR 20453, that CERCLA authorizes the recovery by private parties of attorney fees and expenses. The court finds that the Eighth Circuit cites no explicit language in CERCLA that provides for its conclusion and that the Eighth Circuit failed to address the legislative history of the Superfund Amendments and Reauthorization Act and its relationship to attorney fees. Further, the court notes that it is bound by Alyeska Pipeline Service Co. v. Wilderness Soc., 5 ELR 20286, in which the U.S. Supreme Court held that attorney fees are not a recoverable cost of litigation absent explicit congressional authorization.

Counsel for Plaintiff
David J. Brooman
Cohen, Shapiro, Polisher, Shiekman & Cohen
PSFS Bldg., 22nd Fl., 12 S. 12th St., Philadelphia PA 19107
(215) 922-1300

Sheila Carmody
Lewis & Roca
40 N. Central Ave., Phoenix AZ 85004
(602) 262-5311

Counsel for Defendant
Susan P. Le Gros, William J. Devlin Jr.
Montgomery, McCracken, Walker & Rhoads
3 Parkway, 20th Fl., Philadelphia PA 19102
(215) 665-7200