• Rockford, Ill.: Modernizing a Century–Old Community Landmark

  • RE3 Focus: Pennoni On Leading Edge of Sub-Slab Depressurization

  • Using GIS To Decipher Large-Scale Remediation Projects

  • Right Place, Right Time

 

Supreme Court Hears Environmental Case

On October 6, 2004, the United States Supreme Court heard oral arguments in Cooper Industries, Inc. v. Aviall Services, Inc., No. 02-1192. The case involves the interpretation of §113(f) of the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) and will decide whether private parties conducting voluntary cleanups may bring contribution actions against other responsible parties in the absence of an enforcement action under §106 or §107 of CERCLA. The case arises because of the seeming contradiction between the first and last sentences of §113(f)(1). The first sentence states, “Any person may seek contribution from any other person who is liable or potentially liable under [§107(a)] of this title, during or following any civil action under [§106] of this title or [§107(a)] of this title.” Cooper Industries argues that this sentence requires the government to have brought an action under CERCLA against the responsible party before that party may file…Log In to Read Full Article

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