More CERCLA Recovery Hurdles For ‘Compelled’ Costs

Law360, New York (April 12, 2012, 2:24 PM EDT) -- According to a number of United States Circuit Court of Appeals decisions, including an opinion handed down in March 2012 by the U.S. Court of Appeals for the Eleventh Circuit[1], a party that enters into a judicially approved consent decree cannot recover costs that it expended through an action for cost recovery under section 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).[2]

Even if that party incurred remediation costs directly, it is limited to bringing an action for contribution under CERCLA section 113(f).[3]...
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