May 23, 2016

Contribution Claims Under CERCLA Limited where Party Seeking Contribution has Settled with Federal Government

A federal court in the Eastern District of Wisconsin has held that a party entering into an agreement with the federal government to settle a claim for liability under the Superfund law may only pursue a contribution claim for payments that were made under the agreement. Under the Superfund law, defendants face joint and several liability, while contribution claims are limited to a defendant’s equitable share of the cost of the remediation at the site. The plaintiff in this case, Appvion, Inc., filed a claim against the U.S. Army Corp of Engineers stating that its dredging activity exacerbated the contamination… Read more