§15.7 - Contribution

• Jurisdiction: Washington

§15.7 CONTRIBUTION

Historically, CERCLA §113(f), 42 U.S.C. §9613(f), was understood to govern all actions for contribution for response costs and natural resource damages. In 2004, however, the Supreme Court held that a CERCLA §113(f) contribution claim is available only to a party who is the subject of a government-ordered cleanup action under CERCLA §106, 42 U.S.C. §9606; or CERCLA §107(a), 42 U.S.C. §9607(a). Cooper Indus., Inc. v. Aviall Svcs., Inc., 543 U.S. 157, 125 S. Ct. 577, 160 L. Ed. 2d 548 (2004). Subsequently, the Supreme Court held that PRPs to whom a claim under CERCLA §113(f), 42 U.S.C. §9613(f), is unavailablethose who have voluntarily incurred cleanup costsmay seek recovery from other PRPs under CERCLA §107, 42 U.S.C. §9607. United States v. Atl. Research Corp., 551 U.S. 128, 127 S. Ct. 2331, 168 L. Ed. 2d 28 (2007). At least one court has held that a cost...