• EPA Wins Another Challenge To Indirect Oversight Costs Imposed Under Superfund
  • November 6, 2003
  • Law Firm: Goodwin Procter LLP - Boston Office
  • In August, a federal district court upheld application of the Environmental Protection Agency's controversial revised methodology for computing CERCLA response costs, awarding EPA over $11 million in indirect costs. In United States v. W.R. Grace and Co.ΒΈ 2003 U.S. Dist. LEXIS 15928 (D. Mont. 2003), the court rejected W.R. Grace's arguments that EPA's methodology was flawed and that EPA was asking the company to pay for more than the costs attributable to its site. In ruling against W.R. Grace, the court endorsed EPA's application of a region-wide indirect cost rate which W.R. Grace had challenged as excessive and inconsistent with generally accepted accounting standards.