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NEW CASTLE COUNTY v. HALLIBURTON NUS

No. 96-7443.

111 F.3d 1116 (1997)

NEW CASTLE COUNTY; Rhone-Poulenc, Inc., Zeneca, Inc., Appellants, v. HALLIBURTON NUS CORP.

United States Court of Appeals, Third Circuit.

Decided May 2, 1997.

Rehearing Denied June 3, 1997.

Attorney(s) appearing for the Case

M. Edward Danberg, Julie M. Sebring, New Castle Law Department, Wilmington, DE, for Appellant, The Government of New Castle County, Delaware.

George J. Weiner (argued), Patrick O. Cavanaugh, McCutchen, Doyle, Brown & Enersen, Washington, D.C., for Appellants.

Kenneth J. Warren (argued), Michael M. Meloy, John F. Gullace, Manko, Gold & Katcher, Bala Cynwyd, PA, Phebe S. Young, Bayard, Handelman & Murdoch, P.A., Wilmington, DE, for Appellee Halliburton NUS Corporation.

Daniel M. Steinway, Thomas C. Jackson, Kelley, Drye & Warren, Washington, D.C., for Amicus-Appellee The Hazardous Waste Action Coalition, Camp, Dresser & Mckee, Inc.; Ch2M Hill; Montgomery Watson, Inc.; And Sverdrup Environmental, Inc.

Lois J. Schiffer, Assistant Attorney General, Anne S. Almy, John T. Stahr, Department of Justice, Environment and Natural Resources Division, Washington, D.C. (Earl Salo, Alexander Schmandt, Office of General Counsel, United States Environmental Protection Agency, Washington, D.C., of counsel), for United States as Amicus Curiae in Partial Support of Appellee.

Before: MANSMANN and LEWIS, Circuit Judges, and DUPLANTIER, District Judge.

OPINION OF THE COURT

MANSMANN, Circuit Judge.

We must decide whether a person who is potentially responsible for the clean-up of a hazardous waste site under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. § 9601 et seq., may bring a cost recovery claim against other potentially responsible persons under CERCLA section 107(a)(4)(B), id. §...

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