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Morrison Enterprises, LLC v. Dravo Corporation

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Submitted: November 17, 2010

Before RILEY, Chief Judge, MELLOY and GRUENDER, Circuit Judges.

Morrison Enterprises, LLC (Morrison) and the City of Hastings, Nebraska (City) (collectively, appellants), and Dravo Corporation (Dravo) are liable within the meaning of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as amended, 42 U.S.C. § 9601 et seq., for hazardous substances released at the Hastings Ground Water Contamination Site (Site). Appellants each sued Dravo under § 107(a) of CERCLA, 42 U.S.C. § 9607(a), seeking to recover some of the costs they incurred responding to contaminated ground water at the Site.The district court*fn1 denied appellants’ motions for summary judgment and granted summary judgment to Dravo on appellants’ cost-recovery claims. The district court held (1) CERCLA § 113(f), 42 U.S.C. § 9613(f), provided appellants’ exclusive remedy to recover response costs incurred removing contaminants from the City’s ground water, and (2) the City’s water supply system claims were untimely.We affirm.

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