CINCINNATI (CN) – ITT Industries might be entitled to recover the costs of cleaning up contaminated sites in Bronson, Mich., the Sixth Circuit ruled.
ITT spent $1.6 million investigating and cleaning up contaminated groundwater on two sites regulated by the U.S. Environmental Protection Agency. Citing the Supreme Court’s decision in U.S. v. Atlantic Research Corp., the circuit reversed dismissal of ITT’s cost recovery claims under the Comprehensive Environmental Response, Compensation and Liability Act. CERCLA allows partially responsible parties to file cost-recovery actions, the Supreme Court ruled. The circuit remanded to reconsider recovery costs, but held that ITT’s contribution claims are time-barred. See ruling in ITT Industries v. BorgWarner.