Superfund Cleanups Get a Boost From High Court

For the past three years, owners of polluted property have been living in legal limbo. The Supreme Court's 2004 decision in Cooper Industries Inc. v. Aviall Services Inc. cast doubt over the rights of landowners who discover environmental hazards on their property to sue the polluters for contribution to the cleanup costs under Superfund.


The business community argued that the 3rd Circuit's reasoning allowed the government to avoid liability for pollution in which it played a role by simply ignoring the mess. According to briefs filed in Atlantic Research, that situation is surprisingly common.

Avoiding Liability

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