Superfund Parties May Get 'Voluntary' Cleanup Costs

Law360 (June 24, 2008, 12:00 AM EDT) -- The United States Supreme Court has resolved a Circuit split involving Superfund liability, holding that section 107(a)(4)(B) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA") authorizes any person to recover incurred cleanup costs from other potentially responsible parties (PRPs) in a separate cause of action. United States v. Atlantic Research Corp., 551 U.S. __, 127 S. Ct. 2331 (2007).

Sections 107(a) and 113(f) of CERCLA both provide for recovery of expenses related to cleanup of contaminated sites. Courts have held differing views,...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.