United States Third Circuit
E.I. DuPont de Nemours & Co. v. US, 04-2096
On remand from the Supreme Court for reconsideration in an action brought by DuPont under CERCLA to recover from the U.S. a portion of certain hazardous waste cleanup costs it incurred, summary judgment for the government is reversed and remanded with respect to any claim made by DuPont for costs incurred while undertaking voluntary cleanup efforts where, pursuant to recent Supreme Court precedent, DuPont stated a viable cause of action for cost recovery under CERCLA section 107(a).
Appellate Information
- Argued 04/17/2006
- Decided 11/20/2007
- Published 11/20/2007
Judges
- Before SLOVITER, AMBRO, and MICHEL, Circuit Judges.
Court
- United States Third Circuit
Counsel
- For Appellant:
- William H. Hyatt, Jr. (Argued), Kirkpatrick & Lockhart Preston Gates Ellis, John McGahren, Patton Boggs, Newark, NJ, for Appellants., Michael W. Steinberg, Morgan, Lewis & Bockius LLP, Washington, DC, for Amicus-Appellants Superfund Settlements Project and American Chemistry Council.
- For Appellees:
- John T. Stahr, Ellen J. Durkee (Argued), United States Department of Justice, Environment & Natural Resources Division, Washington, DC, for Appellees.