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Expert Analysis

Does The Divisibility Defense Really Exist?

Law360, New York (November 28, 2012, 11:45 AM EST) -- Under the Comprehensive Environmental Response, Compensation and Liability Act, defined categories of potentially responsible parties (PRPs) who contributed to contamination at a site are strictly liable for associated cleanup costs. When two or more parties are responsible for contamination of the same site, all parties may be jointly and severally liable to parties who conduct response activities. However, there exists a mechanism for parties to avoid such joint and several liability: by dividing the harm and apportioning the costs when "there is a reasonable basis for determining the contribution of each cause to a single harm."...

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