The Eleventh Circuit Court of Appeals has reinstated a cost-recovery action under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Stratford Holdings LLC v. Fog Cap Retail Investors LLC, No. 12-14926 (11th Cir. 4/16/13) (unpublished). The trial court dismissed the litigation after finding that a letter from state regulators saying the property would not be listed on the state’s hazardous site inventory demonstrated that the plaintiff could not have incurred costs that would be recoverable under CERCLA. The Eleventh Circuit disagreed, stating, “The No-Listing Letter is but one item of evidence the district court may consider in a merits-based decision at trial or in summary judgment proceedings, but the letter alone should not have been used to conclusively resolve Appellant’s CERCLA claim . . . .”