INTERVENTION BY NON-SETTLING PRPS IN CERCLA ACTIONS

摘要

This Chapter examines the issue of non-settling potentially responsible parties (PRPs) moving to intervene in Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) actions where the government is seeking entry of a consent decree between it and settling PRPs. The Chapter examines one such case in particular, the Ninth Circuit's recent decision in Aerojet General Corp. v. United States, and with reference to other cases wherein non-settling PRPs sought intervention, focuses in on the most salient issue in these cases-whether the non-settling PRP has a significantly protectable interest sufficient to support intervention under CERCLA Section 113(i) and Rule 24(a)(2) of the Federal Rules of Civil Procedure. The Chapter posits that courts in general have been imprecise in defining the interest posited by non-settling PRPs seeking intervention-an interest in a contribution claim against the settling PRPs, which contribution claim will be extinguished upon entry of the consent decree.