EI DuPont De Nemours and Co. v. United States

OPINION OF THE COURT

SLOVITER, Circuit Judge.

This matter is before us on the order of the Supreme Court of the United States dated June 18, 2007, which granted the petition for a writ of certiorari filed by DuPont, vacated the judgment of this court, and remanded for further consideration in light of its opinion in United States v. Atlantic Research Corp., 551 U.S. -, 127 S.Ct. 2331, 168 L.Ed.2d 28 (2007). In our earlier opinion, a majority of this court held that DuPont could not pursue an action under CERCLA to recover from the United States a portion of its cleanup costs. The dissent would…