CERCLA Contribution Possible Under State Claims: 3rd Circ.

Law360, New York (August 20, 2013, 4:41 PM EDT) -- The Third Circuit on Tuesday resurrected environmental cleanup claims brought against Chicago Bridge & Iron Co. under the Comprehensive Environmental Response, Compensation and Liability Act, saying companies can seek CERCLA contributions even after entering consent orders under other statutes.

Addressing an issue of first impression before the Third Circuit, a unanimous appeals panel sided with Trinity Industries Inc. — and the U.S. government, which weighed in as an amici — finding that Section 113(f) of CERCLA allows Trinity to seek contributions from CB&I for remediation of...
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