Quote of the Day - Desperate affairs require desperate remedies.
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.