• Future Response Costs off the Table until Right to Past Response Costs
  • October 14, 2013
  • Law Firm: Morris Polich Purdy LLP - Los Angeles Office
  • While clarity is not always the case with issues involving CERCLA cost recovery, the availability of future response costs is the exception. Future response costs simply are not available under CERCLA until the right to past response costs is established. Despite this clarity, a potentially responsible party (PRP) in Chevron Environmental Mgmt. Co. v. BKK Corp., 2013 WL 4736794 (E.D. Cal. Sept. 3, 2013) was still determined to test the proposition and not surprisingly, they lost.