CERCLA Claims Barred for Party Reimbursing State for Cleanup Costs Under Consent Order

摘要

A party that reimburses a state for cleanup costs under an administrative settlement agreement cannot pursue a superfund cost recovery action to recoup those costs, a federal district court held March 22 (Chitayat v. Vanderbilt Associates, E.D.N.Y., No. 03-5314, 3/22/10).rnA New York property owner who entered into an administrative settlement with the state's Department of Environmental Conservation may not pursue a Section 107 (a) cost recovery claim against several parties that were allegedly responsible for his property's contamination because the settlement did not require that the property owner himself incur cleanup expenses, the U.S. District Court for the Eastern District of New York held.