Jump to Navigation
Jump to Content

Recent Developments Under CERCLA: Toward a More Equitable Distribution of Liability

June 1987

Citation: 17 ELR 10197

Issue: 6

Author: Carroll E. Dubuc and William D. Evans Jr.

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.

Carroll E. Dubuc is a partner in the Washington, D.C., office of Finley, Kumble, Wagner, Heine, Underberg, Manley, Myerson & Casey. William D. Evans Jr. is Of Counsel to the firm. While at the Environmental Enforcement Section, Land and Natural Resources Division, U.S. Department of Justice, Mr. Evans litigated numerous hazardous waste enforcement actions, including United States v. Ottati & Goss, Inc., and United States v. New Castle County, discussed below. The views expressed herein are not necessarily those of the firm or its clients.

Download Article >>>