The Right Vehicle For Enforcing Cleanup Contributions
Law360, New York (November 8, 2013, 1:03 PM EST) -- In Trinity Industries Inc. v. Chicago Bridge & Iron Co., No. 12-2059 (Aug. 20, 2013), the Third Circuit Court of Appeals issued a precedential opinion broadly construing contribution rights under the Comprehensive Environmental Response, Compensation and Liability Act and limiting the reach of mandatory injunctions under the Resource Conservation and Recovery Act. Both were issues of first impression for the court and established important procedural guidelines for environmental litigators.
Expansion of CERCLA Contribution Rights
Plaintiff-appellant Trinity purchased a site in Pennsylvania previously owned by Chicago Bridge...