The U.S. Supreme Court yesterday issued its decision in the case of United States v. Atlantic Research Corp. At issue in the case was whether a party, which may itself have liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the statute commonly called “Superfund,” can expend cleanup funds and seek recovery of its expenditures under CERCLA. The Supreme Court agreed to consider the Atlantic Research case due to a split in the federal Circuit Courts of Appeal on the issue.

The Supreme Court held that that potentially responsible parties may pursue claims for response costs they voluntarily incur under CERCLA, even if they arguably are themselves “liable.” Hinshaw's Environmental attorneys argued for and earlier this year successfully obtained the same result from the U.S. Court of Appeals for the Seventh Circuit in the case of Metropolitan Water Reclamation District v. North American Galvanizing and Coatings Inc.   On behalf of the firm’s client in North American Galvanizing and Coatings Inc., Hinshaw filed an amicus curiae brief with the Supreme Court in Atlantic Research Corp.

For additional information, you may contact Harvey M. Sheldon at 312-704-3504 or .

This alert has been prepared by Hinshaw & Culbertson LLP to provide information on recent legal developments of interest to our readers. It is not intended to provide legal advice for a specific situation or to create an attorney-client relationship.