Superfund Parties May Sue To Recover 'Voluntary' Clean-Up Costs

The United States Supreme Court has resolved a Circuit split involving Superfund liability, holding that section 107(a)(4)(B) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA") authorizes any person to recover incurred cleanup costs from other potentially responsible parties (PRPs) in a separate cause of action. United States v. Atlantic Research Corp., 551 U.S. __, 127 S. Ct. 2331 (2007).

Sections 107(a) and 113(f) of CERCLA both provide for recovery of expenses related to cleanup of contaminated sites. Courts have held differing views, however, as to the scope of their coverage.

In 2004, the Supreme Court held that section 113(f) authorized PRPs to sue for contribution from other PRPs only after liability had been assessed under sections 106 or 107(a). See Cooper Indus., Inc. v...