What are the elements of a CERCLA cost recovery claim?

To establish a prima facie case under Section 107(a) for cost recovery, a plaintiff must prove:

  • That the site in question is a facility;
  • That the defendant is a responsible person;
  • That a release or a threatened release of a hazardous substance has occurred; and
  • That the release or threatened release has caused the plaintiff to incur response

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