Environmental
Apr. 1, 2011
The Federal Government’s Liability in Cost Recovery Actions
Federal district court imposes broader liability on the government to fund hazardous-waste cleanups. By Alfred E. Smith II of Nossaman.
In a case with significant implications for funding hazardous-waste cleanups, a federal district court recently held that the U.S. government is liable under CERCLA (Comprehensive Environmental Response, Compensation, and Liability Act) as both an "arranger" and "operator" for cleanup costs at a property the government leased to a private mining company. (Nu-West Mining Inc. v. United States, No. 09-431 (D. Idaho M...
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