Changes To Government Immunity Under CERCLA

Law360, New York (June 19, 2007, 12:00 AM EDT) -- For nearly two and a half years, since the United States Supreme Court decision in Cooper v. Aviall, 543 U.S. 157 (2004) (holding that the plain language of CERCLA § 113(f) does not allow parties to bring a contribution claim unless and until a related civil action is brought under § 106 or § 107) parties have been limited by that holding in their ability to recover voluntary cleanup costs from other potentially responsible parties under CERCLA.

Despite the express waiver of sovereign immunity in CERCLA,...
To view the full article, register now.

Law360 UK

UK Financial Services

Read Our Latest UK Legal News & Analysis

Financial Services Law360 UK and Insurance Law360 UK provide breaking news and in-depth analysis on U.K. and European Union regulation, enforcement, legislation, and litigation involving banks, investment firms, insurers, and more.