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U.S. Court of Appeals for the Third Circuit

Case Status

Decided

Docket Number

04-4546, 04-4629

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Case Updates

Third Circuit decides reimbursement for government oversight costs pursuant to CERCLA

December 22, 2005

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.

U.S. Chamber files amicus brief

July 13, 2005

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.

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