Jump to Navigation
Jump to Content

Raytheon Aircraft Co. v. United States

ELR Citation: 38 ELR 20141
Nos. No. 05-2328, (D. Kan., 05/30/2008) dismissed

A district court dismissed an aircraft manufacturer's contribution action against the United States for response costs it incurred cleaning up trichloroethylene (TCE) contamination at the Tri-County Airport site in Herington, Kansas. The manufacturer argued that the U.S. government released TCE into the environment when it used the site as a U.S. Army airfield in the 1940s. The court, however, concluded that the United States did not own or operate the site at the time TCE was released to the environment. Rather, it was the manufacturer's predecessor that released TCE to the environment during its operations at the site in the 1950s. Consequently, the manufacturer is solely liable under the Comprehensive Environmental Response, Compensation, and Liability Act. The court therefore granted the U.S. counterclaim against the manufacturer for costs it incurred at the site.

[Prior decisions in this litigation can be found at 37 ELR 20100, 38 ELR 20006, and 20010.]