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U.S. v. E.I. DUPONT DE NEMOURS AND CO. INC.

No. 04-4546.

432 F.3d 161 (2005)

UNITED STATES of America, Appellant v. E.I. DUPONT DE NEMOURS AND COMPANY INCORPORATED; Ciba Specialty Chemicals Corporation.

United States Court of Appeals, Third Circuit.

December 22, 2005.

Attorney(s) appearing for the Case

Katherine J. Barton, (Argued), United States Department of Justice, Environment & Natural Resources Division, Appellate Section, Washington, D.C., for Appellant.

Peter Buscemi, (Argued), Michael W. Steinberg, Morgan, Lewis & Bockius LLP, Washington, D.C., Raymond M. Ripple, E.I. DuPont de Nemours and Company, Legal Department, Wilmington, Delaware, for Appellees, E.I. DuPont de Nemours and Company and Ciba Specialty Chemicals Corporation.

Lois J. Schiffer, Baach Robinson & Lewis PLLC, Washington, D.C., for Amici Curiae-Appellees, American Chemistry Council American Petroleum Institute Chamber of Commerce of the United States of America Corporate Environmental Enforcement Council National Association of Manufacturers National Petrochemical and Refiners Association Superfund Settlements Project.

Before SCIRICA, Chief Judge, SLOVITER, ALITO, ROTH, RENDELL, AMBRO, FUENTES, SMITH, FISHER and NYGAARD, Circuit Judges.

Argued En Banc September 8, 2005.

ROTH, Circuit Judge, concurring in part.

RENDELL, Circuit Judge, dissenting, with whom Judge SMITH joins.

OPINION OF THE COURT

SCIRICA, Chief Judge.

At issue is whether the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), 42 U.S.C. § 9601 et seq., authorizes the United States to recover costs incurred in the course of supervising a hazardous waste...

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