The Supreme Court considered 3 cases in 2007 about whether parties that voluntarily undertake to clean up Superfund hazardous waste sites can sue, under § 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) other parties that contributed to the wastes. On June 11, 2007, the Court ruled unanimously in Atlantic Research that they can. The NAM filed an amicus brief in another, DuPont v. United States, which was sent back to the lower court for reconsideration in light of the decision in this case.
The Court ruled that § 107(a) makes potentially responsible parties (PRPs) liable for any costs of response incurred by any person consistent with the national contingency plan. It reaffirmed that a private party may bring suit under § 113(f) to obtain contribution from other liable parties only after having been sued themselves. It concluded that a private party may sue under § 107(a) even if it has not been sued by some one else.
The right to collect a fair share of the cleanup costs from other parties, including governments, who are responsible for contributing to the hazardous wastes in Superfund sites, is critically important to manufacturers and to the cleanup process. CERCLA was enacted to facilitate prompt and effective cleanup of contaminated sites, and a right to sue for cleanup costs is integral to achieving this goal.