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as the California condor and the Coho salmon. philadelphia eagles fly eagles fly full printing ugly sweater The latter has habitat designated under the Endangered Species Act as critical to species survival and recovery

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would not have needed to include the “during or following” condition if it had meant to authorize contribution lawsuits with a prior CERCLA action. philadelphia eagles fly eagles fly full printing ugly sweater  One bedrock rule of statutory interpretation is that courts will not read a law to “render part of the statute entirely superfluous.” Because the plain meaning of the statute was so clear, Justice Thomas declined to examine the legislative intent or purpose behind CERCLA. The Court remanded the case to determine whether Aviall could prevail under a §107 cause of action. The U.S. Supreme Court, in a 7-2 decision, reversed the Fifth Circuit’s decision, finding that the plain meaning of §113 barred Aviall from suing Cooper for contribution. Justice Clarence Thomas, in his majority opinion,

reviewed the history of CERCLA, noting that the original law made no mention of contribution. The federal courts began to read such a right to contribution into the law, but Congress clarified matters in 1986 when it provided an express cause of action for contribution in §113. This section stated that a PRP could bring an action for contribution from another PRP “during or following any civil action” brought under CERCLA. Moreover, a PRP could bring an action for the “cost of recovery” under §107 of CERCLA. In this case, Aviall had originally sued under both §113 and §107, but it later dropped the §107 cause of action. Therefore, Justice Thomas only considered the issue of contribution in the Court’s decision. The plaintiffs contest this, listing some of the species potentially effected by the policy change, including state and federally protected animals and plants. California currently has 2.5 million roadless acres and such rare and endangered species