Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Commercial Leasing Law & StrategyKickerFeaturesTopicsCommercial LawSectionsNewsLJN Newsletters

A Good Deed May Go Unpunished: Parties That Voluntarily Clean Up Sites Can Sue for Cost Recovery Under CERCLA

By Jason L. Jurkevich
March 25, 2008

One U.S. Supreme Court decision this past term brought welcomed news to those labeled 'potentially responsible parties' ('PRPs') under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. '9601 et seq. ('CERCLA'). On June 11, 2007, the Court unanimously agreed, in United States v. Atlantic Research, No. 06'562, that PRPs that voluntarily clean up contaminated property may bring suit for cost recovery against other PRPs under '107 of CERCLA. In classic style, however, the Court's opinion left certain questions unanswered and even raised one or two new questions.

In the first few years after CERCLA's passage, it was unclear whether a PRP that had cleaned up contaminated property could bring an action for cost recovery against other PRPs under '107. The question appeared to become moot after 1986, when Congress passed the Superfund Amendment and Reauthorization Act ('SARA'), which added a number of new provisions to CERCLA, including '113, a provision expressly allowing PRPs to assert claims for contribution against other PRPs. Following the SARA amendments, every federal circuit adopted the approach that, whether or not plaintiff PRPs who brought CERCLA actions asserted separate claims under '107 and '113, the claims were uniformly treated as contribution claims.

This premium content is locked for LJN Newsletters subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
The DOJ's Corporate Enforcement Policy: One Year Later Image

The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.

The DOJ's New Parameters for Evaluating Corporate Compliance Programs Image

The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.

Use of Deferred Prosecution Agreements In White Collar Investigations Image

This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.

Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

A Lawyer's System for Active Reading Image

Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.