ELR Citation: ELR 21316
No(s). 90-8779 (11th Cir. Jul 22, 1991)

The court rules that the federal government may recover up to four times its response costs in cleaning up a hazardous waste site under the Comprehensive Environmental, Response, Compensation, and Liability Act (CERCLA). CERCLA §107(c)(3) provides that the United States may recover punitive damages of three times its response costs if a liable party fails without sufficient cause to provide a response action. Black's Law Dictionary defines punitive damages as damages over and above what will barely compensate the plaintiff. The court thus concludes that Congress intended that punitive damages be in addition to whatever costs the government has incurred in cleaning up the waste site. The government may therefore recover its actual response costs plus three times those costs.

[District court decisions are published at 19 ELR 21420 and 21423 and 20 ELR 21173.]

Counsel for Appellant
J. Carol Williams, Edward J. Shawaker
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000

Counsel for Appellees
Charles W. Swanson
P.O. Box A870, Knoxville TN 37901
(615) 522-4191

Before FAY, CLARK, and BIRCH, Circuit Judges.