More CERCLA Recovery Hurdles For ‘Compelled’ Costs
April 12, 2012, 2:24 PM EDT
Law360, New York (April 12, 2012, 2:24 PM EDT) -- According to a number of United States Circuit Court of Appeals decisions, including an opinion handed down in March 2012 by the U.S. Court of Appeals for the Eleventh Circuit, a party that enters into a judicially approved consent decree cannot recover costs that it expended through an action for cost recovery under section 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).
Even if that party incurred remediation costs directly, it is limited to bringing an action for contribution under CERCLA section 113(f)....
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