RECENT FEDERAL DECISIONS

March 2005

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Tenth Circuit Rejects CERCLA Investigative Response Cost Claims in the Absence of an Actual Cleanup
Young, et al. v. United States, ___F.3d___

The Tenth Circuit Court of Appeals upheld a District Court ruling that rejected recovery cost claims where the plaintiffs had not actually conducted a clean up of the contaminated property. The District Court had rejected the plaintiffs’ claims on grounds that a potentially responsible party (PRP) may not bring a Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) § 107(a) suit, but the Tenth Circuit upheld the lower court’s ruling on the alternate basis that the plaintiffs had not incurred any response costs necessary and consistent with the National Contingency Plan (NCP).