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E.I. DuPont de Nemours & Co. v. United States

ELR Citation: 37 ELR 20286
Nos. No. 04-2096, (3d Cir., 11/20/2007)

On remand from the U.S. Supreme Court, the Third Circuit held that plaintiff could state a cause of action for cost recovery under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107(a) where it undertook voluntary cleanup action at a site. Under the United States v. Atlantic Research Corp. decision, Third Circuit precedent construing CERCLA §107 as denying parties that contributed to site contamination the right to seek cost recovery for voluntary cleanup costs no longer retains the force of law.