§3.4 - Private-Party Cleanup and Recovery Under §107 or §113

• Jurisdiction: Washington

§3.4 PRIVATE-PARTY CLEANUP AND RECOVERY UNDER §107 or §113

Like the EPA, a private party may bring a cost recovery claim under CERCLA §107, 42 U.S.C. §9607. In addition, CERCLA provides a right of contribution under §113(f), 42 U.S.C. §9613(f), to a PRP who has been sued in a CERCLA administrative or cost recovery action or who has resolved its CERCLA liability to the United States or a state in an administrative or judicially approved settlement agreement. The prima facie elements of these private-party claims are almost identical to the elements of a §107 claim brought by the EPA: (1) there has been a release (or threatened release) of a hazardous...