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Changes To Government Immunity Under CERCLA

Law360 (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,...
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