Whittaker Corp. v. United States

After Whittaker was found liable for injuries caused by its pollution and paid to clean up the pollution, Whittaker filed suit under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. 9601 et seq., against the United States to recover expenses that it had incurred. The district court concluded that the Castaic Lake lawsuit triggered Whittaker’s right to bring an action for contribution, and that the instant lawsuit sought expenses that could have been reimbursed through such a contribution action. The court held, however, that Whittaker was not required to bring its claims in this case in a section 113(f) contribution action after its liability was resolved in Castaic Lake. In this case, Whittaker was found liable to the Castaic Lake plaintiffs for the expenses specifically related to removing perchlorate from the plaintiffs’ wells and replacing their water. Whittaker now seeks reimbursement from the government for a different set of expenses, for which Whittaker was not found liable in Castaic Lake. The court did not believe that Congress mandated parties who have been sued in section 107 cost recovery actions to bring all of their own CERCLA claims in the form of a contribution action, on an accelerated timeframe, regardless of the merit or the result of the section 107 cost recovery suit. Accordingly, the court reversed and remanded. View "Whittaker Corp. v. United States" on Justia Law