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Raytheon Aircraft Co. v. United States

ELR Citation: 40 ELR 20003
Nos. No. 08-3237, (10th Cir., 12/29/2009)

The Tenth Circuit affirmed a lower court decision holding an aircraft company liable under CERCLA for costs associated with EPA's attempt to list an airfield on the NPL. The costs at issue stem primarily from EPA's decision to conduct an expanded site inspection at the airfield. Although the company did not object to the lower court's conclusion that the inspection was a "removal or remedial action" for purposes of CERCLA, it argued that the costs were not recoverable because EPA abandoned its efforts to list the site on the NPL. The court disagreed, holding that a party who simply points to the government's decision to discontinue its efforts to list a site has failed to overcome the presumption that the inspection is consistent with the NCP.