This is a cost recovery action for EPA's oversight costs incurred at the Site. These costs were originally barred from recovery under the 1993 Third Circuit decision in U.S. v Rohm and Haas, 2 F.3d 1265 (3d Cir. 1993). In 2005, the Third Circuit overturned Rohm and Haas in United States v. E.I. DuPont De Nemours & Co., Inc., 432 F.3d 161, 179 (3d Cir. 2005), finding that oversight costs not inconsistent with the NCP are recoverable. This referral lays out EPA's defense to an argument by the defendant that the SOL has run on the cost recovery claim.
Complaint dismissed with prejudice  the Court did not buy accrual or tolling arguments.