EPA v. Rohm and Haas Company et al.

Case summary

This is a cost recovery action for EPA's oversight costs incurred at the Site. These costs were originally barred from recovery under the 1993 Third Circuit decision in U.S. v Rohm and Haas, 2 F.3d 1265 (3d Cir. 1993). In 2005, the Third Circuit overturned Rohm and Haas in United States v. E.I. DuPont De Nemours & Co., Inc., 432 F.3d 161, 179 (3d Cir. 2005), finding that oversight costs not inconsistent with the NCP are recoverable. This referral lays out EPA's defense to an argument by the defendant that the SOL has run on the cost recovery claim. Complaint dismissed with prejudice – the Court did not buy accrual or tolling arguments.

Defendants (2)

• Rohm and Haas CompanyNamed in complaint
• Morton International, Inc.Named in complaint

Facilities (1)

• HOPKINS FARM

  ROUTE 539, NEW EGYPT, NJ, 08533

  Registry ID: 110009299829

Statutes cited

• CERCLA 107A — Cost Recovery

Timeline (4 milestones)

• 2009-10-28Referred To Dept Of Justice
• 2009-10-29Complaint Filed With Court
• 2009-10-29Enforcement Action Data Entered
• 2010-09-22Enforcement Action Closed