The Assault On § 107 Cost Recovery Claims

Law360, New York (September 24, 2010, 5:37 PM EDT) -- Since United States v. Atlantic Research Corp., the United States has argued in numerous amicus briefs that private parties who perform cleanups under Comprehensive Environmental Response, Compensation and Liability Act settlements cannot pursue § 107 cost recovery claims. In light of some courts’ acceptance of this argument, parties may want to consider alternative strategies for performing cleanups.

Current Legal Environment

As many CERCLA practitioners are aware, the U.S. Supreme Court’s decision in United States v. Atlantic Research Corp., 551 U.S. 128 (2007), left open the issue...
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