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Restitution Under RCRA §7002(a)(1)(B): The Courts Finally Grant What Congress Authorized

Earlier this year in KFC Western, Inc. v. Meghrig, the U.S. Court of Appeals for the Ninth Circuit ruled that private parties may obtain restitution of the costs of cleaning up contaminated property under §7002(a)(1)(B) of the Resource Conservation and Recovery Act (RCRA). The Ninth Circuit's ruling in KFC Western opened the way for private parties to use the RCRA citizen suit provision to recover their costs of investigating, studying, and cleaning up contaminated property from responsible parties.

76 FR 64943

EPA entered into a proposed administrative settlement under CERCLA that requires the settling parties to pay $1,050,000 in past and future U.S. response costs incurred at the ACM Smelter and Refinery NPL site near Great Falls, Montana, and to perform a remedial investigation and feasibility study for portions of the site.

76 FR 64378

United States v. Airgas Carbonic, Inc., No. 1:11-cv-163 (S.D. Ga. Oct. 4, 2011). Seventy-three settling CERCLA parties responsible for violations at the Alternate Energy Resources, Inc., site in Augusta, Georgia, must perform remedial design and remedial action at the site; 797 other parties must pay a portion of the past and future response costs incurred by the United States and Georgia.