ELR Citation: ELR 21443
No(s). CS-89-694-JLQ (E.D. Wash. Mar 19, 1991)

The court holds that a private party may recover prejudgment interest and attorney fees under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) from the United States. The court first holds that CERCLA §120 waives the federal government's sovereign immunity to an award of prejudgment interest on CERCLA response costs. Although §120 does not explicitly mention prejudgment interest, it expressly waives the federal government's sovereign immunity to §107 liability, and CERCLA §107 states that prejudgment interest is recoverable in cost recovery actions. The court next holds that private parties may recover attorney fees as part of a CERCLA §107 cost recovery claim. CERCLA should be construed liberally to permit recovery of costs associated with indentifying potentially responsible parties (PRPs) and to force responsible parties to pay their fair share of cleanup costs. The court holds that a private party can incur enforcement costs under CERCLA, and thus may recover attorney fees for bringing a §107 cost recovery action. The court also holds that plaintiff may recover its costs in searching for PRPs and in negotiating a consent decree with the United States.

Counsel for Plaintiff
James R. Moore, Mark W. Schneider
Perkins Cole
1201 3rd Ave., 40th Fl., Seattle WA 98101
(206) 583-8888

Gregory T. Costello
Riddell Williams
1001 4th Ave. Plaza, Ste. 440, Seattle WA 98154
(206) 624-3600

Counsel for Defendants
Stephanie Johnson
U.S. Attorney's Office
851 U.S. Courthouse, W. 920 Riverside Ave., Spokane WA 99201
(509) 353-2767

Marilyn Perry Jacobsen, Eileen McDonough
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000