Toppling one of its own precedents, a 10-judge en banc panel of the 3rd U.S. Circuit Court of Appeals has ruled that the U.S. Environmental Protection Agency has the right to recover costs it incurs in supervising the cleanup of a hazardous waste site even if the cleanup is conducted entirely by responsible private parties.

In its 78-page opinion in United States v. E.I. DuPont de Nemours & Co., the 3rd Circuit voted 8-2 to overturn its 1993 decision in United States v. Rohm & Haas Co., which held that the government cannot recover “removal action” oversight costs incurred while supervising a private party cleanup.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]