Jump to Navigation
Jump to Content

EPA Administrative Orders on Consent, CERCLA §113(f) Contribution Actions, and the Operative Statute of Limitations After Atlantic Research

November 2013

Citation: 43 ELR 10973

Issue: 11

Author: Keri Holleb Hotaling, Allison A. Torrence, and Alexander J. Bandza

Parties seeking to address their CERCLA liability with the U.S. Environmental Protection Agency (EPA) without protracted litigation may find attractive a nonjudicial negotiated settlement, known as an Administrative Order on Consent (AOC). However, after the U.S. Supreme Court’s seminal United States v. Atlantic Research Corp. and Cooper Industries, Inc. v. Aviall Services, Inc. decisions, subsequent lower court guidance has generated three complex issues that should be considered when entering into an AOC with EPA.

Keri Holleb Hotaling is a Partner in the Environmental and Workplace Health & Safety Law Practice at Jenner & Block LLP in Chicago. Allison A. Torrence is an Associate in the Environmental and Workplace Health & Safety Law Practice at Jenner & Block LLP in Chicago. Alexander J. Bandza is a recent graduate of the University of California, Berkeley, School of Law; in late 2013, he will join Jenner & Block LLP as an Associate.

Download Article >>>