ELR Citation: ELR 20139
No(s). 92 C 2396 (N.D. Ill. Aug 23, 1993)

The court holds that the United States is not liable under the Federal Tort Claims Act for response costs incurred by an insurance company following a determination by the U.S. Environmental Protection Agency that the company was responsible under the Comprehensive Environmental Response, Compensation, and Liability Act to conduct a removal action at a contaminated site, because no private-party analog exists to the government's action.

Counsel for Plaintiff
Robert M. Wattson, Rolf E. Gilbertson
Zelle & Larson
City Ctr., 33 S. 6th St., Ste. 4400, Minneapolis MN 55402
(612) 339-2020

Counsel for Defendant
Phyllis J. Pyles, Elizabeth A. Strange
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000