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

Light, Alfred (Fred) R., CERCLA's Wooden Iron: The Contribution Counterclaim (July 24, 2008). Toxics Law Reporter, (BNA), Vol. 23, p. 642, July 24, 2008, Available at SSRN: https://ssrn.com/abstract=1455911

Alfred (Fred) R. Light (Contact Author)

St. Thomas University School of Law, ( email )

16401 N.W. 37th Ave.
Miami, FL 33054
United States
305-623-2315 (Phone)
305-623-2390 (Fax)

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