• Pre-CERCLA Indemnification Agreements Can Release PRPs From Liability
  • January 27, 2016 | Author: Sudhir Lay Burgaard
  • Law Firm: Morris Polich & Purdy LLP - Los Angeles Office
  • The Seventh Circuit recently agreed with a district court that an indemnity agreement, entered into before the Comprehensive Environmental Response, Compensation & Liability Act (CERCLA) became law, barred a contribution claim under CERCLA. Peoples Gas Light & Coke Co. v. Beazer E., Inc., 802 F.3d 876 (7th Cir. 2015). The plaintiff, Peoples Gas Light & Coke Co. (“Peoples”), a coke production company, sought to recover from Beazer E., Inc. (“Beazer”), a former facility operator, costs incurred for environmental investigation and remediation in connection with a coke plant facility.