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Young v. United States

ELR Citation: 35 ELR 20008
Nos. No. 02-7133, (10th Cir., 01/04/2005)

The Tenth Circuit held that owners of land adjacent to a Superfund site may not go forward with their cost-recovery action under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act. The court below dismissed their claim because they were potentially responsible parties. The Tenth Circuit affirmed the decision on different grounds, namely, that they failed to establish that the release of hazardous substances caused them to incur necessary response costs consistent with the national contingency plan.