United States v. Atlantic Research Corp. (2006)
- Docket
- 06-562
- Decided
- 2006-01-01
Summary
Question: Can a party that is potentially responsible for the cost of cleaning up contaminated property under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) bring an action against another potentially responsible party under Section 107(a), even if the party does not satisfy the requirements for bringing an action for contribution under Section 113(f) of CERCLA? Conclusion: Yes. The Court ruled unanimously that Section 107(a) of CERCLA allows potentially responsible parties (PRPs) to sue other PRPs for cost recovery. The opinion by Justice Clarence Thomas affirmed the Eighth Circuit and ruled for Atlantic Research. The government had claimed that the phrase "any other person" in Section 107(a) was meant to include only non-PRPs, but the Court, relying on the plain language of the statute, held that "the Governmentís interpretation makes little textual sense." Since almost any party likely to incur clean-up costs could be designated a PRP, the government's interpretation risked rendering Section 107(a) functionless. The Court explained that its interpretation would not result in improper overlap between Section 113(f) and Section 107(a). A party can sue another PRP for contribution under 113(f), but the party can only sue under Section 107(a) for reimbursement of its own clean-up costs. Therefore, parties cannot take advantage of Section 107(a)'s longer limitations period by bringing contribution claims under 107(a).