3rd Cir. finds PRPs that enter settlement for cleanup may later bring § 107 claim to recoup settlement costs

摘要

The Third Circuit U.S. Court of Appeals held on April 12 that potentially responsible parties that pay for cleanups, even if those costs are related to a settlement obligation, may later bring a § 107(a) cost recovery claim to recoup those costs even though they have not been sued.rnThe case implicated the still developing distinctions between liability under § 107(a) and § 113(f) of the Comprehensive Environmental Response, Compensation, and Liability Act.