Court Says Cost Of Identifying Liable Parties Is Recoverable Only When Linked To Cleanup

摘要

Costs spent identifying a contaminated site's potentially responsible parties are only recoverable under superfund if that identification actually contributes to the site's cleanup, a federal district court held Jan. 7 (BNSF Railway Co. v. California, E.D. Cal., No. 08-2225, 1/7/09).rnTwo railroad companies argued that they should be able to recover thousands of dollars in attorneys fees because a portion of that money was spent identifying a property's other superfund polluters.