cost recovery

Subscribe to cost recovery via RSS

By Andrew H. Perellis and Ilana R. Morady

Suppose you enter into a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Administrative Order to perform remediation where your release of liability is conditioned on successful performance of the remedy to the U.S. Environmental Protection Agency’s satisfaction. You want to recover some of your response costs so you sue other potentially…
Continue Reading 7th Circuit Issues Important Superseding Opinion Clarifying When CERCLA Provisions Establishing Contribution as Exclusive Remedy Have Been Triggered

By Andrew H. Perellis and Ilana Morady

If you incur response costs under CERCLA can you assert a claim under Section 107 of CERCLA, or are you limited to a contribution claim under Section 113?

By way of background, Section 107 and Section 113 provide distinct rights under CERCLA. Under Section 107, a potential responsible party (PRP) is strictly liable…

Continue Reading Seventh Circuit Joins the CERCLA Bandwagon! Only CERCLA Contribution Claim Available if PRP has Resolved Liability to the Government