Dune Energy, Inc. v. Chevron U.S.A., Inc.

摘要

Former operator of contaminated site is not entitled to dismissal of current operator's Comprehensive Environmental Response, Compensation, and Liability Act Section 107(a) cost recovery claims, because, even though attorneys' fees are not available under Section 107 and current owner's claims for such fees are dismissed: (1) parties do not dispute that contaminated site is facility under CERCLA, (2) factual issues regarding whether former operator's abandonment of site constitutes disposal under CERCLA and whether there was release or threatened release of hazardous substances are unknown at early stage of litigation and do not make pleadings legally deficient, and (3) current operator sufficiently pleaded that it incurred response costs and does not need to specifically itemize costs under CERCLA.