Superfund Liability: How Recent Court Decisions May Affect Companies' Ability to Recover Costs

December 1, 2010
Suzanne Ilene Schiller
Association of Corporate Counsel's "Green-house Counsel"

Recent court decisions are likely to have a significant effect on the ability of companies to recover amounts directly expended for clean-up costs, as well as those paid to federal and state agencies for Superfund site remediation. The Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), the federal statute generally known as Superfund, provides two mechanisms to allow potentially responsible parties ("PRPs") to recover costs arising out of the remediation of a polluted site.

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