COOPER INDUSTRIES, INC. v. AVIALL SERVICES, INC.

No. 02-1192.

543 U.S. 157 (2004)

COOPER INDUSTRIES, INC. v. AVIALL SERVICES, INC.

Supreme Court of United States.

Decided December 13, 2004.


Attorney(s) appearing for the Case

William Bradford Reynolds argued the cause for petitioner. With him on the briefs were Lisa K. Hsiao, Dale E. Stephenson, and Allen A. Kacenjar.

Jeffrey P. Minear argued the cause for the United States as amicus curiae urging reversal. With him on the brief were former Solicitor General Olson, Assistant Attorney General Sansonetti, Deputy Solicitor General Hungar, Deputy Assistant Attorney General Clark, and Paul S. Weiland.

Richard O. Faulk argued the cause for respondent. With him on the brief were Cynthia J. Bishop, Jeffrey M. Gaba, Walter Dellinger, and Pamela Harris.*

THOMAS, J., delivered the opinion of the Court, in which REHNQUIST, C. J., and O'CONNOR, SCALIA, KENNEDY, SOUTER, and BREYER, JJ., joined. GINSBURG, J., filed a dissenting opinion, in which STEVENS, J., joined, p. 171.


JUSTICE THOMAS delivered the opinion of the Court.

Section 113(f)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA)1 allows persons who have undertaken efforts to clean up properties contaminated by hazardous substances to seek contribution from other parties liable under CERCLA. Section 113(f)(1) specifies that a party may obtain contribution "during or following any civil action" under CERCLA...

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