CERCLA Comes Full Circle in ARC

On June 11, 2007, the U.S. Supreme Court held in U.S.v.Atlantic Research Corp. (ARC) that potentially responsible parties may bring cost recovery actions under section 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). This article examines the case law leading up to ARC, the rationale behind the Court’s decision, and how ARC may affect CERCLA actions in the future.

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