CERCLA's Wooden Iron: The Contribution Counterclaim
Toxics Law Reporter, (BNA), Vol. 23, p. 642, July 24, 2008
Posted: 17 Aug 2009
Date Written: July 24, 2008
Abstract
In this article, Professor Alfred R. Light examines the history of the superfund law, concluding that Congress did not intend to create contribution claims and counterclaims separate from the original cost recovery action. While the government continues to assert that parties compelled to conduct a cleanup are limited to a contribution claim under CERCLA Sec. 113, Professor Light says the legislative history shows that Congress meant to allow a defendant in a cost recovery action to reduce the plaintiff's recovery by an equitable share if the plaintiff is shown to be liable. This, the author says, applies to all parties, including the government as plaintiff or potentially responsible party.
Keywords: environmental, litigation, CERCLA
JEL Classification: K32, K41
Suggested Citation: Suggested Citation