Issues For Plaintiffs Settling Private CERCLA Litigation
July 26, 2012, 2:08 PM EDT
Law360, New York (July 26, 2012, 2:08 PM EDT) -- Mapping out a strategy to settle multiparty environmental litigation brought under the Comprehensive Environmental Response, Compensation and Liability Act is difficult under the best of circumstances. It has been made even more difficult by a slate of recent federal CERCLA decisions that have made the settlement process even more of a minefield.
A private CERCLA plaintiff often walks the tightrope between dealing with local, state and federal regulators overseeing the site remediation and the myriad potentially responsible parties (“PRPs”) from whom it seeks contribution to the...