Intervening To Oppose A CERCLA Consent Decree

Law360, New York (November 2, 2010, 5:09 PM EDT) -- The Comprehensive Environmental Response, Compensation and Liability Act was created in 1980 to shift the burden of remediating contaminated sites from taxpayers to the parties responsible for the contamination.[1]

Equitable division of the remediation costs among the potentially responsible parties (PRPs) raises a host of legal issues, including the question of whether a nonsettling PRP has a right to intervene to challenge another party’s potential settlement of liability.

Although a large number of district courts have held that a nonsettling PRP does not have a right...
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