Environmental
Apr. 21, 2015
Seeking early settlements in multi-party CERCLA actions
A recent 9th Circuit decision clarifies the "rules of the road" for courts when reviewing settlements that have the effect of allocating residual liability among nonsettling parties in multi-party CERCLA cases. By Pete Nyquist
There are many reasons for litigants in environmental cost recovery and contribution actions under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to pursue early settlement. The cases typically involve technically complex sites, with regulatory agency oversight, and many - often hundreds or thousands - of potentially responsible parties (PRPs). At larger sites, it can take years to define the extent of contamina...
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