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CERCLA Statutes of Limitations Confusion in Administrative Settlements

By Caleb Holmes on April 26, 2016

When a private party enters into a CERCLA section 113(f)(B) administrative settlement, it may subsequently pursue the costs incurred under that administrative settlement against other PRPs. However, whether the settling party may bring a section 107 cost recovery claim or a section 113 contribution claim depends on the language of the settlement. A court’s interpretation of whether a party has a cost recovery claim or a contribution claim may be the difference between a proper claim and a time-barred claim. Read more in my Legal Intelligencer/Pennsylvania Law Weekly column here.

 

  • Posted in:
    Energy, Environmental
  • Blog:
    E2 Law Blog
  • Organization:
    Greenberg Traurig, LLP
  • Article: View Original Source

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