Divisibility, Arranger Liability Issues At Center of 2015 Superfund Cases

摘要

Settlement risks, divisibility questions and arranger liability issues made 2015 an "interesting" year in Superfund litigation, attorneys said during a webi-nar hosted by the American Law Institute. The common thread in the Dec. 17 webinar with a panel of Superfund lawyers was one of lingering uncertainties in the Comprehensive Environmental Response, Compensation, and Liability Act-35 years after the law was enacted. "This year is one of the most interesting to study," Richard Faulk, of Hollingsworth LLP's office in Washington said. When it comes to settlements, Faulk said, "We're getting into a series of problems the courts are compounding exponentially." "CERCLA settlement jurisprudence is about as improvisatory as one can imagine," Faulk said, citing differing approaches taken by the circuits for calculating Superfund settlement liability in contribution claims against non-settling parties.