Atlantic Research 5 Years Later: The Gap Has Closed

Law360, New York (March 29, 2012, 1:30 PM EDT) -- Almost two years ago, in an article titled “Closing Atlantic Research’s Gap: CERCLA’s Next Step,” the authors provided an update on the aftermath of the U.S. Supreme Court’s decision in United States v. Atlantic Research Corp., 551 U.S. 128, 127 S. Ct. 2331 (2007), including the question that it left open — namely, whether potentially responsible parties (PRPs) that incur response costs pursuant to a consent decree under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) may recover those costs under Section 107, Section 113,...
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