ELR Citation: 43 ELR 20238
No(s). 07-114 (D.V.I. Oct 16, 2013) (Bartle, J.)

A district court held that the Virgin Islands may go forward with its suit to recover response costs it incurred responding to the release of hazardous substances at a former alumina facility. Under CERCLA, at least some costs must be incurred prior to the start of litigation in order for a plaintiff to recover. Here, the government's counsel spent at least $4,800 prior to litigation, and the defendant company failed to show that these costs were not consistent with the NCP. The government, therefore, is entitled to a declaration that the defendant company is liable for past and future response costs incurred at the site. The issue of recoverability of specific response costs will be determined at a later trial.