Appeals Court Limits PRPs’ Shield From CERCLA Contribution Actions

In a precedential ruling, the U.S. Court of Appeals for the 3rd Circuit has found limits to the liability shield a potentially responsible party (PRP) obtains under the Superfund law when settling cleanup recovery actions brought by states, saying other PRPs may still pursue cost-recovery at the same site if those costs relate to separate, federal claims. In the consolidated case New Jersey Department of Environmental Protection (NJDEP), et al. v. American Thermoplastics Corp., et al ., the 3rd Circuit...