ELR Citation: ELR 21449
No(s). 94-0662 (E.D. Pa. May 4, 1994)

The court holds that the federal government's costs of overseeing a private remedial action are not recoverable as response costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The court follows the decision in United States v. Rohm & Haas Co., 23 ELR 21345 (3d Cir. 1993), in which the Third Circuit held that the federal government could not recover its costs of overseeing a private removal action. The court holds that because the statutory definition and language concerning remedial actions is very similar to and evinces no clearer congressional intent than the language concerning removal actions, the fact that Rohm & Haas concerned a removal action and this case concerns a remedial action is insufficient to justify disregarding the Third Circuit's reasoning. The court refuses, however, to dismiss the case, because it cannot conclusively find that the only remedy the government seeks is the recovery of oversight costs, that the government has already received complete recovery from another party, or that the government cannot recover anything further from defendant in this action.

Counsel for Plaintiff
Jonathan A. Marks
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000

Counsel for Defendant
Charles F. Lettow, Michael R. Lazerwitz
Cleary, Gottlieb, Steen & Hamilton
1752 N St. NW, Washington DC 20036
(202) 728-2700