Third-Party CERCLA Defense Outcomes Uncertain Without Case Law, Attorney Says

摘要

Parties may not have a good sense as to whether they qualify for a third-party defense against liability under the Superfund statute until the courts weigh in, given the unclear scope of their post-purchase obligations, a leading attorney said. Karl S. Bourdeau, a principal at Beveridge & Diamond PC, said there has been no conclusive legal resolution for what "reasonable steps" must be taken to completely stop continuing contaminant releases, prevent future releases and limit exposure to existing releases. "You are probably not going to know if you qualify for the defense until a plaintiff sues you and the court tells you whether you have," Bourdeau said. "That case law is not going to give you a heck of a lot of guidance."