United States Seventh Circuit

Partial dismissal of a CERCLA case involving the release of hazardous materials into the soil and groundwater by the lessee of water district property is affirmed where the water district cannot bring suit under section 113(f) of CERCLA because it has not been the subject of an action for damages or compliance, but can bring suit under section 107(a) since the district is a "person" that has incurred "necessary costs of response."

Appellate Information

• Argued 01/20/2006
• Decided 01/17/2007
• Published 01/17/2007

Judges

• RIPPLE, Circuit Judge., Before BAUER, FLAUM and RIPPLE, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Ronald M. Spritzer, Department of Justice Environment & Natural Resources Division, Washington, DC, for Amicus Curiae.


• For Appellees:
  
• Stephen R. Swofford, Harvey M. Sheldon (argued), Hinshaw & Culbertson, Chicago, IL, for Plaintiff-Appellee., Lewis B. Jones (argued), King & Spalding, Atlanta, GA, for Defendant-Appellant.