11th Circuit Decision Follows that of Niagara v. Mohawk: Under CERCLA, Parties Who Enter Into Consent Decree with Government Are Limited to a § 113(f) Contribution Claim

| May 31, 2012

Since the Second Circuit Court of Appeals decided Niagara Mohawk Power Corp v. Chevron U.S.A., Inc., 596 F.3d 112 (2d Cir. 2010), a number of other Circuits have followed the Second Circuit’s holding that parties who enter into a consent decree with the U.S. Environmental Protection Agency (“EPA”) following an EPA enforcement action and then [...]

Category: Environmental Contamination & General Liability in New York, Superfund (CERCLA & State Superfund) | No Comments »
Tags: , , , ,

The Western District of Washington Leaves a PRP without a Remedy, but Upholds the Broader Policy Objectives of CERCLA.

| May 26, 2009

The Western District of Washington also recently followed the holding from the Aviall case.  See Port of Tacoma v. Todd Shipyards Corp., 2009 U.S. Dist. LEXIS 5884 (W.D.Wa., January 14, 2009). The Port of Tacoma sued Todd Shipyards in a contribution action under CERCLA § 113(f) for

Category: Federal Environmental Law, Superfund (CERCLA & State Superfund) | No Comments »
Tags: , , , , , ,