Simmons, Jannace & Stagg

United States v. Atlantic Research Corp.

In the United States v. Atlantic Research Corp., the Atlantic Research Corporation filed a lawsuit against the United States; the suit filed was in an effort to obtain a partial compensation for expenses the Atlantic Research Corp. incurred during the process of cleaning up the environment. The Atlantic Research Corp supported their argument with the Comprehensive Environmental Response, Compensation and Liability Act also known as CERCLA. According to the plaintiff, the company had worked on motors for rockets for the US between '81 and '86 within the state of Arkansas; services included the environmentally safer removal of rocket propellant with high-pressured water. The plaintiff provided an environmental investigation and followed with proper clean up actions before the Comprehensive Environmental Response, Compensation and Liability Act came into effect making such actions a legal requirement.

The plaintiff sought some compensation for the costs the corporation incurred during the years in which the corporation voluntarily assisted the United States. While the suit was in progress, another case's ruling affected the outcome of the United States v. Atlantic Research Corp case; the Cooper Industries, Inc. v. Aviall Services Corp case was a lawsuit that ended with a decision handed down by the United States Supreme court that any recovery sought based on CERCLA must be based on services offered after CERCLA was first implemented and enforced. Thus, Atlantic Research Corp's case was at first lost, based on the case's argument. However, the Eighth Circuit Court reversed the decision made by Supreme Court, and the Atlantic Research Corp won the case.


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