U.S. v. E.I. du Pont de Nemours and Company, et al.

Reimbursement for Government Oversight Costs Pursuant to CERCLA

U.S. Chamber's Position

Returning to the familiar ground plowed by NCLC’s brief in United States v. Rohm & Haas, 2 F.3d 1265 (3rd Cir. 1993), NCLC urged the Third Circuit to reaffirm the rule articulated in Rohm & Haas that a private party that cleans up a contaminated site is not required by the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) to reimburse the Environmental Protection Agency for the cost of watching and overseeing the private party’s work.

Case Outcome

Rejecting the advice of NCLC, the Third Circuit overruled its decision in United States v. Rohm and Haas and required parties who clean up sites pursuant to CERCLA to reimburse the EPA for the cost of watching and overseeing the private parties’ work.

Procedural History

Amicus brief filed 7/13/05. Decided 12/22/05.

Case Documents