Settling CERCLA Section 107 Claims

Law360, New York (February 18, 2009, 12:00 AM EST) -- Within the last five years, the U.S. Supreme Court has changed the landscape of CERCLA contribution claims in its decisions in United States v. Atlantic Research Corporation and Cooper Industries Inc. v. Aviall Services Inc.[1]

In Atlantic Research, the Supreme Court allowed Potentially Responsible Parties (PRPs) to recover against other PRPs under CERCLA Section 107.

Since then, environmental professionals have been discussing their concern that, when a PRP settles with the United States or one of the 50 states, CERCLA leaves the settling party open to...
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