High Court Denies Review Of Superfund Cost Case, Undercutting EPA Stance

摘要

The Supreme Court has denied a request from defendants who were seeking to overturn a Superfund cost recovery ruling that had granted some plaintiffs - those who have settled their liability with EPA-greater access to a more favorable cost recovery mechanism than would otherwise be available. But the high court's decision lets stand an appellate ruling that EPA has said would withhold settling parties' contribution rights until their settlement cleanup obligations have been fully performed, creating a circuit split and eliminating incentives for settlements.