Supreme Court Upholds Private Right of Action Under CERCLA


A unanimous Supreme Court has removed any doubt about a private party's right to sue for environmental response costs under the federal Superfund. In U.S. v. Atlantic Research Corporation, Case No. 06-562, the Court addressed the question left open by its prior decision in the

well-known case of Cooper v. Aviall Services, Inc., 543 U.S. 157, regarding whether a potentially responsible party ('PRP') may sue another under the Comprehensive

Environmental Response, Compensation and Liability Act ('CERCLA'), otherwise known as the Superfund. The Atlantic Research Court answered the question 'yes,' holding that the plain meaning of CERCLA Section 107(a)(4)(B) provides for such a cause of action.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Morrison & Foerster LLP | Attorney Advertising

Written by:


Morrison & Foerster LLP on:

Popular Topics
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.