Availability Of Cost Recovery Claims Under CERCLA

Law360, New York (May 27, 2010, 11:20 AM EDT) -- In an April 12, 2010, opinion, the U.S. Court of Appeals for the Third Circuit clarified which claims are available to different classes of potentially responsible parties (PRPs) under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).

In Agere Systems Inc. v. Advanced Environmental Technology Corp., No. 09-1814, 602 F.3d 204, 2010 WL 1427582 (3d Cir. Apr. 12, 2010), the court denied Section 107 cost recovery claims to PRPs who had been granted contribution protection after settling with the U.S. Environmental Protection Agency or a...
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