Second Circuit—PRPs May Recover Voluntary Cleanup Costs Under CERCLA Section 107(a)

摘要

On September 9, 2005, the U.S. Court of Appeals for the Second Circuit ruled that a potentially responsible party (PRP) may sue under CERCLA Section 107(a) to recover voluntary cleanup costs (Consolidated Edison of New York, Inc. v. UGI Utilities, Inc., Docket Number: 04-2409-CV). The availability of this cause of action was in doubt following the recent U.S. Supreme Court decision in Cooper Industries, Inc. v. Aviall Services, Inc., (Docket Number: 02-1192; December 13, 2004).