Whether a private party whose cleanup is reviewed and approved by a State enjoys a presumption of substantial compliance with the National Contingency Plan under CERCLA

Under CERCLA, private parties who clean up contaminated land may recover their costs from polluters only if the ir cleanup substantially complies with the National Contingency Plan. 42 U.S.C. § 9607(a) . When the United States government, a State, or an Indian tribe conducts a cleanup itself, it enjoys a presumption of compliance with the National Contingency Plan. Id . And when private parties obtain EPA approval of their cleanup, they too enjoy a presumption of compliance . 40 C.F.R. § 300.700(c)(3)(ii) . The question presented , which has divided the circuit s 3-4, is whether a private party whose cleanup is reviewed and approved by a State likewise enjoys a presumption of substantial compliance with the National Contingency Plan. ii RULE 14.1( b) STATEMENT The parties listed in the caption were