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Barmet Aluminum Corp. v. Doug Brantley & Sons, Inc.

ELR Citation: 26 ELR 20953
Nos. No. 4:95-CV-93-M, 914 F. Supp. 159/(W.D. Ky., 11/22/1995) order denying reconsideration Dec. 27, 1995

The court holds that a potentially responsible party (PRP) may bring a cost recovery action under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The court first holds that a PRP is not limited to bringing an action under CERCLA §113. Section 107(a)(4) provides that a person who accepts hazardous substances from which there is a release shall be liable for response costs incurred by "any other person." A number of district courts have addressed this issue and rejected the argument that PRPs are restricted to §113 claims. The U.S. Supreme Court in Key Tronic Corp. v. United States, 24 ELR 20955 (1994), stated that CERCLA expressly authorizes a §113 cause of action and impliedly authorizes a similar remedy under §107. The court next holds that a sufficient basis to dismiss plaintiff's complaint against nonincorporated defendants does not exist. Under Fed. R. Civ. P. 8(a), a complaint must set forth a short and plain statement of the claim showing that the pleader is entitled to relief and giving defendant fair notice of the claim and the grounds on which it rests. The court rejects a heightened pleading standard in CERCLA cases. Finally, the court denies a motion to reconsider its decision.

Counsel for Plaintiff
Kim Burke
Taft, Stettinius & Hollister
1800 Star Bank Ctr.
425 Walnut St., Cincinnati OH 45202
(513) 381-2838

Counsel for Defendants
J. Anthony Goebel
Wyatt, Tarrant & Combs
Citizens Plaza, Louisville KY 40202
(502) 589-5235