United States v. Atlas Minerals and Chemicals, Inc.

How courts have described this case

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

• listing 15 reported decisions where courts have held that liability under § 107(a) of CERCLA is subject only to the defenses listed in § 107(b)
• “[The] introduction [of equitable defenses] into the liability phase of a CERCLA case is improper.”
• “[T]he statute itself is explicit in stating that the defenses enumerated in § 9607(b) are the only defenses to liability under § 9607(a).”
• “CERCLA counterclaims against the EPA for actions undertaken by the EPA in conjunction with cleanup activities_ are clearly barred.”
• “The sole way in which CERCLA defendants can challenge the propriety of the EPA’s response and remediation actions is by arguing, in the damages phase of a CERCLA case, that those actions were inconsistent with the NCP.”

Source: CourtListener parenthetical corpus (CC0).