No Good Deed Goes Unpunished? Potential Ramifications of Cooper Industries, Inc. v. Aviall Services, Inc. on Military Procurements - Past, Present and Future
Abstract
"No good deed goes unpunished." After the Supreme Court's decision in Cooper Industries, Inc. v. Aviall Services, Inc. , it can be argued that, as the saying goes, so the way of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) contribution action follows. Was the Supreme Court decision consistent with CERCLA's intent? What does the decision mean for government contractors seeking contribution from the United States for hazardous waste cleanup resulting from military procurements? Do future contractors with the United States have other options to avoid paying the entire cost of cleanup? Is it fair to ask the United States to contribute to a contractor's cleanup costs in the first place? This thesis attempts to answer these questions and, in the process, provides suggestions for the future. Section II describes the general background of contribution actions. Section III provides a detailed history of Cooper Industries, Inc. v. Aviall Services, Inc. (hereinafter referred to as Aviall). Section IV discusses the Supreme Court decision itself. Section V analyzes the potential ramifications of the Supreme Court decision. Section VI identifies potential procurement solutions that may assist contractors in the absence of a contribution action. Section VII concludes with final opinions and answers to the questions posed above.
Document Details
- Document Type
- Technical Report
- Publication Date
- Aug 31, 2005
- Accession Number
- ADA437417
Entities
People
- Richard J. Martwick V
Organizations
- George Washington University