recovered despite failure to comply with the NCP. Any costs incurred after a cleanup has begun are recoverable only if incurred consistent with the NCP.” Pierson, 1996 WL 338624, at *6 (citing County Link, 933 F.2d at 1515). Borg-Warner agrees no cleanup has yet begun. 126 . Mar. 20, 2006 Testimony of Steven Roosth. 127 . United States v. Colo. & E. R.R. Co., 50 F.3d 1530, 1536 (10th Cir.1995); Envtl. Transp. Sys., Inc. v. ENSCO, Inc., 969 F.2d 503, 509 (7th Cir.1992). 128 . See Kerr-McGee Chem. Corp. v. Lefton Iron & Metal Co., 14 F.3d 321, 326 (7th Cir. 1994); Seneca Meadows, 427 F.Supp.2d at 292; United States v. Davis, 31 F.Supp.2d 45, 65 (D.R.I.1998) ("Davis I”); Sea Lion, 974 F.Supp. at 600. 129 . See, e.g., Morrison Enters. v. McShares, Inc., 302 F.3d 1127, 1135 (10th Cir.2002) (<HOLDING>); Pinal Creek Group v. Newmont Mining Corp.,
holding that the court may equitably apportion among the prps the orphan shares of responsibility for the contamination attributable to defunct insolvent or judgment proof parties or parties that cannot be located or identified holding that a federal court may refuse to exercise continuing jurisdiction even though the parties have agreed to it parties cannot confer jurisdiction by stipulation or consent holding parties to an exculpatory clause where the parties intent is clear holding that the parties choice to require arbitration for disputes which arise under a contract when the standard language was arising out of or relating to demonstrated that the parties intended the agreement to be narrow holding that the current party was sufficiently identified with the parties to the prior litigation