On June 11, 2007 the US Supreme Court decided a landmark Superfund case in United States v. Atlantic Research Corp. (No. 06-562).   In its decision, the Supreme Court unanimously held that a potentially responsible party (PRP) may sue another party to recover costs under Section 107 (a)(4)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), not just Section 113(f) as had been previously thought.  In effect, the ruling clears up the controversy that arised from Cooper Industries, Inc. v Aviall Services, Inc. 543 US 157, wherein the Supreme Court decided that private parties could seek contribution under Section 113(f) only after being sued under Section 106 or Section 107. 

This case originated when Atlantic Research leased property at the Shumaker Naval Ammunition Depot, a facility operated by the Department of Defense (DoD).  At the site, Atlantic Research retrofitted rocket motors for the DoD and consequently removed pieces of propellant from the motors and burned the propellant pieces.  The wastewater and burned propellant contaminated the soil and groundwater at the site.   Atlantic Research clearned the site out of its own pocket and sought to recover some of its costs by suing the United States under both Section 107(a) and Section 113(f) of CERCLA.

This is a classic example of the type of project Taylor & Hammel LLC regularly works on.   We find the government contracts, government correspondence and other documents that prove the extent of government operation, control, or arrangement at the thousands of US sites just like the Atlantic Research site so that the private companies can recover costs against the government and other PRPs.    If you are interested in learning more about how we can help you on a simlar case, call John Taylor at 703-822-4658.