Voluntarily incurred clean up costs may be recouped
In US v. Atlantic Research Corp, the U.S. Supreme Court held that a private party that cleans up a contaminated site may sue other potentially responsible parties for recovery of costs incurred, regardless of whether the private party was sued under the clean up laws. The Court held that 42 U.S.C. § 9607(a), which allows a claim for reimbursement of voluntarily incurred expenses, does not conflict with § 9613(f), which allows suits for contribution after the plaintiff was sued for clean up.
