6th Circuit Reinforces Liability Distinctions In Pre-2005 Cleanup Orders

摘要

A new ruling from the U.S. Court of Appeals for the 6th Circuit reinforces an earlier finding that Superfund administrative orders on consent (AOCs) signed between EPA and potentially responsible parties (PRPs) prior to 2005 often do not resolve liability on the effective date of the agreement - giving many PRPs a longer timeline to pursue cost-recovery actions. The court's split 2-1 ruling issued Nov. 5 in Florida Power Corp. v. FirstEnergy Corp. finds the plaintiff upon entering AOCs with EPA in 1998 and 2003 for two sites in Florida did not resolve its liability under the Comprehensive Environmental Response, Compensation & Liability Act (CERCLA), and therefore the AOCs are not administrative settlements. The decision provides an opportunity at the two sites for cost recovery claims that afford parties longer time periods to file claims, and closes the door on less-favorable contribution claims. It reverses a lower court decision. The 6th Circuit decision is available on InsideEPA.com. See page 2 for details.