Petition for Writ of Certiorari filed by TSLF makes Petitions to Watch List

by Jacqueline Hartis on September 19th, 2011

The Session Law Firm, on behalf of its client Morrison Enterprises, LLC, filed a Petition for Writ of Certiorari (“Cert Petition”) requesting the Supreme Court review the judgment of the United States Court of Appeals for the Eighth Circuit in Morrison Enterprises, LLC v. Dravo Corporation, 638 F.3d 594 (8th Circuit 2011).  The question presented by the Cert Petition is whether a party that has incurred response costs either pursuant to an administrative order, or to a consent decree following suit under § 106 or §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), may ever seek to recover those “compelled” costs under §107(a), or whether the exclusive remedy for cost recovery is contribution under CERCLA § 113(f)?

We were very excited to find out that Morrison’s Cert Petition has made The Supreme Court of the United States Blog’s (SCOTUSblog) “Petitions to Watch” list for the Supreme Court’s September 26th conference.   To read Morrison’s Cert Petition as well as the Brief of Amici Curiae Pharmacia Corporation (F/K/A Monsanto Company) and Solutia Inc. in Support of Morrison’s Cert Petition, follow the link below.

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