Traversing CERCLA’s 'Region of Doubt'

Law360, New York (June 17, 2010, 1:04 PM EDT) -- Much has been written about the cost recovery and contribution provisions in the Comprehensive Environmental Response, Compensation and Liability Act, and the U.S. Supreme Court has pointed out in Atlantic Research that the provisions may provide overlapping remedies in certain circumstances. Recently, the Third Circuit addressed this overlap, dubbing it the “region of doubt.” Agere Systems Inc. v. Advanced Environmental Technology Corp., No. 09-1814 (Apr. 12, 2010).

The “blurry relationship” between these provisions raises a number of questions that will almost certainly be addressed in future...
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