CERCLA’s Equitable Allocation Of Liability

Law360, New York (March 30, 2009, 12:00 AM EDT) -- Imagine this scenario. U.S. Environmental Protection Agency identifies a polluted, historically industrial-use waterway in Tacoma, Wash., and designates it as a part of a larger federal Superfund site.

Over a decade later, the United States sues a host of potentially responsible parties that had former or current operations along the waterway, including the Port of Tacoma.

These responsible parties quickly agree to settle with the government by a consent decree to incur costs of performing a cleanup of the site.

As often happens, some potentially responsible...
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