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· 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).

Read full opinion on CourtListener

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.