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U.S. Supreme Court limits CERCLA liability of sellers of chemicals, and affirms that “joint and several” liability should not be imposed when responsibility for chemical releases can be reasonably apportioned
  • Hogan Lovells
  • USA
  • May 6 2009

One of the most dreaded aspects of the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or Superfund) is that under the principle of joint and several liability, a potentially responsible party (PRP) may be compelled to pay for all of the cleanup costs at a CERCLA site, leaving such PRP to pursue a contribution action under 113(f) of CERCLA against other PRPs whom the government, for whatever reason, decided not to pursue.

Ryan M. Rowberry
  • Hogan Lovells