United States v. Atlantic Research Corp.

Atlantic Research (plaintiff) voluntarily cleaned up contamination at a naval depot site it had leased and then sued the United States (defendant), another potentially responsible party, under CERCLA §§ 107(a) and 113(f) to recover cleanup costs; the district court dismissed based on Cooper Industries v. Aviall Services, which held a PRP could seek contribution under § 113(f) only after being sued under § 106 or 107(a), but the court of appeals reversed, finding § 107(a)(4)(B) provided an independent cause of action, and the Supreme Court granted certiorari to clarify Cooper Industries.