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Expert Analysis

A Cautionary Tale Of CERCLA's Settlement Limitation Period

Law360, New York (August 11, 2015, 12:12 PM EDT) -- Potentially responsible parties (PRPs) engaged in § 107(a) cost recovery or § 113(f) contribution actions under the Comprehensive Environmental Response, Compensation, and Liability Act[1] often enter into settlements with other PRPs to conclude the litigation. In entering into such settlements, it is important to understand whether they trigger any of the limitation periods set forth in CERCLA § 113(g) and, if so, by when they need to bring any additional CERCLA claims they may have before they are time-barred....

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