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Quote of the Day - Desperate affairs require desperate remedies. - Horatio Nelson
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Fifth Circuit Figures Out An End Run

We're a step closer to one of the two questions left open by the Supremes in Cooper Industries. That's the case where the Supreme Court decided that if you volunteer to clean up contaminated property, you can't recover your costs to do so.

No kidding. I was surprised, too.

Now, the Fifth Circuit sent the case back to the District Court. The trial court is set to determine whether the Plaintiff, Aviall, can assert a claim under CERCLA section 107(a)(4)(B). Section 107 allows for cost-recovery suits for response costs incurred by the government and certain others, as long as the cleanup is consistent with the National Contingency Plan.

Aviall gets a "do over." A tabular rosa (clean slate). It can assert its claims against Cooper Industries, and Cooper Industries can assert its defenses.

Hopefully, we'll get a more reasoned decision this time around. Maybe one that makes sense, too.

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Printer friendly page Permalink Email to a friend Posted by J. Craig Williams on Wednesday, February 23, 2005 at 23:39 Comments Closed (0) |
 
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