U.S. Court of Appeals for the Tenth Circuit

Case Status


Docket Number



Case Updates


October 31, 2006

The Tenth Circuit found New Mexico’s state law-based enforcement action preempted by the regulatory mechanism created by CERCLA. The Tenth Circuit rejected the state’s claim for imposing double recovery on companies complying with EPA policy in cleaning up affected sites.

U.S. Chamber files amicus brief regarding natural resource damages claims under CERCLA

May 27, 2005

NCLC argued that the New Mexico Attorney General’s claim for natural resources damages is speculative and conjectural because it is not based on actual loss, and will have a chilling effect on the willingness of responsible parties to enter into agreements with federal and state agencies to undertake remedial activities under the Comprehensive Environmental Response Compensation, and Liability Act (CERCLA).

Case Documents