Infomation Dynamics, Ltd. v. Greenway

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a defendant who is declared liable for response costs may still challenge those costs as unrecoverable because the underlying response actions giving rise to the costs are inconsistent with the NCP
• “The NCP regulates choices of response actions, not costs.... Costs, by themselves, cannot be inconsistent with the NCP.”
• defendant who is declared liable for response costs may still challenge those costs as unrecoverable because the underlying response actions giving rise to the costs are inconsistent with the NCP
• government met its burden where it 22 provided “extensive documentation” to support its requested costs, including affidavits 23 supported by summaries of cost data and the source of that data
• “[W]hen a private party incurs response costs in developing its own remedy, solely to defend against the government’s 106(a) injunction action, the private party’s response costs are not ‘necessary’ within the meaning of CERCLA 107(a)(4)(B).”
• “However, CERCLA § 107(a)(4)(A) does not limit the government’s recovery to all reasonsable costs; rather, it permits the government to recover all costs of removal or remedial action ’ incurred ... not inconsistent with the [NCP].”

Source: CourtListener parenthetical corpus (CC0).