A polluter that voluntarily takes on the duty to clean up a toxic waste site cannot later seek contributions from the federal government — even if the government itself was also a polluter at the site — the 3rd U.S. Circuit Court of Appeals has ruled.

But a dissenting judge complained that the majority was relying on two 3rd Circuit precedents that she believes have been effectively overruled by the U.S. Supreme Court, and that a ruling in favor of the government would discourage voluntary cleanups.

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