United States v. Nicolet, Inc.

ELR Citation: ELR 21088
No(s). 85-3060 (E.D. Pa. Mar 19, 1987)

On reconsideration, the court holds that defendant's counterclaims in a cost recovery action brought by the United States under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) are barred by the discretionary function exception to the Federal Tort Claims Act (FTCA)....