Kelley v. De Nemours

RYAN, Circuit Judge. The defendants, E.I. DuPont de Nemours and Co. and Browning-Ferris Industries, Inc., appeal the district courts award of summary judgment in favor of the State of Michigan, in the States action to recover landfill cleanup costs pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, or CERCLA, 42 U.S.C. § 9601 et seq. On appeal, the defendants maintain that the States CERCLA claim relating to physical removal costs is time barred. In addition, the defendants argue that equal protection and due process considerations preclude the States recovery of these costs under the companion Michigan statute. Finally, the defendants claim that the district court lacked jurisdiction to enter a declaratory judgment for the States future cleanup costs.