ELR Citation: ELR 21108
No(s). 93-2751 (7th Cir. Jun 27, 1994)

The court holds that the equitable defense of laches cannot bar a town's private contribution action under §§107 and 113 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to recover cleanup costs incurred at a site that is now the town's municipal landfill. The plain language of §107(a) explicitly limits the defenses to CERCLA liability to those enumerated in §107(b), which does not include equitable defenses. The court rejects the argument that limiting defenses to those enumerated in §107(b) misconstrues Congress' intent. CERCLA's liability scheme is logical in barring equitable defenses to liability but allowing the consideration of equitable factors in apportioning costs between various responsible parties. The court also rejects the argument that CERCLA should permit equitable defenses because the Federal Water Pollution Control Act (FWPCA) and CERCLA apply the same liability standard and the FWPCA permits equitable defenses. The court vacates the magistrate's judgment that laches barred the suit and remands for further proceedings.

[The vacated decision is published at 24 ELR 20349.]

Counsel for Petitioner
Angus Macbeth
Sidley & Austin
1722 I St. NW, Washington DC 20006
(202) 736-8000

Counsel for Respondent
Eileen T. McDonough
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000

Before COFFEY, FLAUM, and MANION, Circuit Judges.