A federal appellate court is leaving the door open for responsible parties at toxic waste sites to recover costs under the Superfund law's liability provision even if they have entered into a cleanup agreement with EPa— a ruling that raises new questions about how courts will interpret a landmark Supreme Court ruling earlier from this year. In an Oct. 18 ruling in the case ITT Industries, Inc. v. BorgWarner, Inc., et al., the 6th Circuit ruled plaintiffs may be able to recover cleanup costs under section 107 of the Superfund law, rather than under section 113, even though the plaintiff had entered into an administrative order on consent (AOC) with EPA. Relevant documents are available on InsideEPA.com. See page 2 for details.
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