The dividing line between Superfund cost recovery and contribution actions under sections 107(a) and 113(f) of CERCLA, respectively, have long been complicated and unclear. Potentially responsible parties (PRPs) typically prefer to proceed under § 107 due to its more favorable statute of limitations and joint and several liability standard, but often plead both sections alternatively when seeking reimbursement and response costs. Several recent court decisions provide additional clarity as to which section is appropriate given the procedural status of the claim. In United States v. Atl. Research Corp., 551 U.S. 128 (2007), the Supreme Court held that the availability of… Read more