Supreme Court of the United States

Cooper Industries, Inc. v. Aviall Services, Inc. — Ginsburg, J., dissenting

December 13, 2004543 U.S. 157

Summary

Justice Ginsburg, dissenting with Justice Stevens, argues that the Court unnecessarily defers deciding whether Aviall Services may recover cleanup costs from Cooper under § 107 of CERCLA. She contends that § 107 provides a cause of action for potentially responsible persons to seek reimbursement, whereas § 113(f) is merely procedural.