United States Sixth Circuit

In an action raising claims against defendants arising under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and seeking cost recovery and contribution under the Act, dismissal of the complaint is affirmed in part as to the contribution claim but reversed as to the cost recovery claim as, pursuant to recent Supreme Court precedent, plaintiff as a potentially responsible party (PRP) may now state a claim for cost recovery upon which relief can be granted and a remand was prudent.

Appellate Information

• Decided 10/18/2007
• Published 10/18/2007

Judges

• Before: MARTIN, GUY, and CLAY, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Scott D. Broekstra, Mika, Meyers, Beckett & Jones, Grand Rapids, Michigan, for Appellant.  John J. Bursch, Warner, Norcross & Judd, Grand Rapids, Michigan, for Appellees.   ON BRIEF:  Scott D. Broekstra, Mika, Meyers, Beckett & Jones, Grand Rapids, Michigan, for Appellant.  Daniel P. Lennington, Warner, Norcross & Judd, Grand Rapids, Michigan, Jeffrey K. Haynes, Keith C. Jablonski, Beier Howlett, P.C., Bloomfield Hills, Michigan, for Appellees.