Signature Combs, Inc. v. United States

253 F. Supp. 2d 1028 (2003)

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Nature of the Case

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Facts

On September 8, 1998, the United States filed against Aircraft Serv. Int'l., Inc. to recover $10 million in response costs that the EPA allegedly incurred in implementing the Gurley Pit Site remedy. Arkansas Department of Pollution Control filed the same suit the very next day against Aircraft. P brought the instant suit in an effort to recoup their anticipated expenses from Ds. P asserts that Ds are severally liable for contribution to Ps' past and future cleanup costs under CERCLA Section 113(f)(1). On December 19, 2000, Plaintiffs in the instant action entered into a Consent Decree with the United States and the ADPC&E regarding response costs for the Gurley Pit Site and remedial responsibilities for the South 8th Street Site. Without admitting liability, P agreed to conduct and pay for the South 8th Street Site cleanup and to reimburse the United States and the ADPC for their expenses incurred in cleaning the Gurley Pit Site. D brought its motion for judgment on the pleadings. on February 13, 2002. D contends that any CERCLA § 113(f) liability it may have had to P was discharged by D's bankruptcy, which became final in 1986. P argues that its claims are not solely derivative of the United States' claims but are independent statutory claims 'which clearly arose after D's bankruptcy in the mid-1980s.' D contends that P can only sue for contribution under §113 of CERCLA. As a result, according to In re Reading Co., P's claims must be derivative of those of the United States.