U.S. Supreme Court

Case Status


Docket Number



2006 Term

Oral Argument Date

April 23, 2007


Questions Presented

Whether a party that is potentially responsible for the cost of cleaning up property contaminated by hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. 9601 et seq., but that does not satisfy the requirements for bringing an action for contribution under Section 113(f) of CERCLA, 42 U.S.C. 9613(f), may bring an action against another potentially responsible party under Section 107(a), 42 U.S.C. 9607(a).

Case Updates


June 11, 2007

Agreeing with NCLC, the Supreme Court affirmed the Eighth Circuit’s conclusion.

U.S. Chamber files amicus brief regarding reimbursement for voluntary cleanup costs under CERCLA

April 05, 2007

NCLC filed a brief urging the Supreme Court to affirm the Eighth Circuit’s conclusion that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), otherwise known as the Superfund Act, permits a party which voluntarily cleans up a polluted site to recover the cleanup costs from the responsible parties. In the wake of the Supreme Court’s decision inCooper Industries v. Aviall, the lower courts have been divided as to the availability of such reimbursement. In its brief, NCLC argued that the statute’s plain language and basic principles of fairness require that CERCLA be read to provide a right of contribution for voluntary cleanup costs.

Case Documents