Recent Developments Under CERCLA: Toward a More Equitable Distribution of Liability
Editors' Summary: SARA raised the already high stakes in the CERCLA cleanup game. The incentive for potentially responsible parties (PRPs) to enlarge the pool of defendants has risen accordingly. In this Article, the authors discuss recent developments in three areas that may help PRPs in their efforts to spread out the liability for cleanup costs: joint and several liability, contribution, and liability of state and local governments. The authors conclude that while the express right of contribution under SARA may lessen the harness of joint and several liability, state and local governments present inviting targets as PRPs seek to distribute the liability for cleanup costs.