· 3/17/1995
Federal Case
Citations
- 50 F.3d 1530
- 40 ERC (BNA) 2109
- 1995 U.S. App. LEXIS 5562
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that courts implied a right of action for contribution where it was evident that the plaintiff had contributed more than its pro rata share of costs to the cleanup effort
- noting that the broad language of CERCLA “has given the courts many challenges”
- affirming district court finding that incurred costs were consistent with the NCP based on trial testimony and 40 C.F.R. 300.700(c)(3)(ii)
- “any claim that would reapportion costs between these [potentially responsible persons] is the quintessential claim for contribution”
- if potentially responsible persons were permitted to recover from other potentially responsible persons under section 107, section 113 would be rendered meaningless
- Section 113(f)(1) was intended to enable those bearing a disproportionate share of the liability in a clean-up to recover from others
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.