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administrative order on consent

Avoiding the Contribution “Catch-22”: CERCLA Administrative Orders for Cleanup Are Civil Actions

ELR Article

Under CERCLA, nonsettling parties and EPA take the position that the statute of limitations for a right of contribution can be triggered whenever the agency and a potentially responsible party sign an administrative order on consent (...

Florida Power Corp. v. First Energy Corp.

ELR Case

The Sixth Circuit held that a Florida utility's lawsuit to recover cleanup costs it has incurred in connection with the release of hazardous substances at two manufactured gas plant sites is time barred under CERCLA. As a former owner...

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

ELR Article

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 (...

Bernstein v. Bankert

ELR Case

The Seventh Circuit held that the trustees of a fund established to finance and oversee the cleanup of a contaminated site near Zionsville, Indiana, may go forward with their lawsuit under CERCLA to recover cleanup costs from the former...

76 FR 81929

ELR Federal Agency Update

Saline River Properties, LLC, v. Johnson Controls, Inc.

ELR Case

A district court held that a developer may be liable under CERCLA for response costs the former owner of contaminated property incurred at the site. The developer, who now owns the site, filed suit against the former owner to enforce an...

N.L. Industries, Inc. v. Halliburton Co.

ELR Case

A district court denied an energy company's motion to dismiss CERCLA claims filed against it for reimbursement costs incurred by the former owner of a contaminated site, but granted its motion to dismiss the owner's contribution claims...