On June 5, the U.S. Court of Appeals for the Third Circuit decided a Superfund case, Commonwealth Department of Environmental Protection v. Lockheed Martin, No. 10-4078 (3d Cir. June 6, 2012). Lockheed Martin indirectly illustrates a recurring problem under the federal Comprehensive Environmental Response, Compensation and Liability Act, the Superfund statute.
Section 107(a) of CERCLA begins: “Notwithstanding any other provision or rule of law, and subject only to the defenses set forth in subsection (b) of this section,” certain persons are liable for certain costs and damages.
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