9th Circuit Rejects Contribution Claims For ‘Potential Future’ Cleanup Costs

September 22, 2020
A federal appellate court is limiting contribution costs that a potentially responsible party (PRP) can recover from another liable party at a Superfund site, ruling a plaintiff cannot bring a contribution claim seeking “speculative, potential future response costs.” “We hold that the district court erred when it counted the full settlement amount -- including about $50 million of funds that had not been, and might never be, spent on the Site cleanup -- as response costs subject to contribution at...


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