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UNITED STATES v. BESTFOODS

No. 97-454.

524 U.S. 51 (1998)

118 S.Ct. 1876

141 L.Ed.2d 43

UNITED STATES v. BESTFOODS et al.

Supreme Court of United States.

Decided June 8, 1998.

Attorney(s) appearing for the Case

Assistant Attorney General Schiffer argued the cause for the United States. With her on the briefs were Solicitor General Waxman, Deputy Solicitor General Wallace, Jeffrey P. Minear, Martin W. Matzen, Michael J. McNulty, and Evelyn S. Ying. Frank J. Kelley, Attorney General of Michigan, Thomas L. Casey, Solicitor General, and Kathleen L. Cavanaugh and Robert P. Reichel, Assistant Attorneys General, filed a brief for the Michigan Department of Environmental Quality, respondent under this Court's Rule 12.6, urging reversal.

Kenneth S. Geller argued the cause for respondents. With him on the briefs for respondent Bestfoods were Donald M. Falk and J. Michael Smith. John D. Tully, John V. Byl, and Robert J. Jonker filed briefs for respondents Aerojet-General Corp. et al.*

Souter, J., delivered the opinion for a unanimous Court.

Justice Souter, delivered the opinion of the Court.

The United States brought this action for the costs of cleaning up industrial waste generated by a chemical plant. The issue before us, under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), 94 Stat. 2767, as amended, 42 U. S. C. § 9601 et seq., is whether a parent corporation that actively participated in, and exercised...

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