Kelley v. Thomas Solvent Co.

OPINION

ENSLEN, District Judge.

This case is before the Court on plaintiff United States’s Motion to Strike Certain Affirmative Defenses under Rule 12(f) of the Federal Rules of Civil Procedure.

Plaintiff asserts that the bulk of the defenses which have been asserted by defendants are, as a matter of law, not defenses to the claim asserted here by the United States under Section 107 of the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), 42 U.S. C. § 9607, for recovery of costs incurred in responding to releases and threatened releases of hazardous substances.…