United States Federal Circuit

In an action brought by plaintiff-oil companies alleging that the government is responsible for costs incurred by plaintiffs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for cleanup of waste pursuant to avgas contracts, summary judgment for the government is reversed and remanded, where: 1) the avgas contracts require the government to reimburse plaintiffs for their CERCLA "charges;" but 2) Court of Federal Claims did correctly determine that material factual disputes preclude granting plaintiff summary judgment on damages.

Appellate Information

• Decided 04/28/2014
• Published 04/28/2014

Judges

• WALLACH

Court

• United States Federal Circuit

Counsel