United States v. Simon Wrecking, Inc.

Opinion and Order

ANITA B. BRODY, District Judge.

This is a cost recovery action filed by the United States against defendants Simon Wrecking and Simon Resources (“Simon”) under CERCLA section 107. The United States seeks recovery of past and future response costs incurred at the Mal-vern Superfund Site. The United States has moved for partial summary judgment on liability, arguing that since Simon was found liable under CERCLA section 113 in an earlier contribution case for pollution at the same site, Simon is now from now estopped from relitigating its liability. Simon has filed a…