• Ninth Circuit Issues Wild Romp Through Esoteric But Key Aspect of CERCLA in Whittaker Corp. v. United States (2016 WL 3244838)
  • August 22, 2016
  • Law Firm: Morris Polich Purdy LLP - Los Angeles Office
  • The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) allows for two types of private rights of action. A “cost recovery” action under CERCLA section 107allows for joint and several liability between the potentially responsible parties (PRPs) who are basically those folks potentially liable under CERCLA. Cost recovery actions are also subject to a six-year statute of limitations. The availability of joint and several liability and the six-year limitations period make cost recovery actions preferable to plaintiffs over the other cause of action for contribution, set forth in CERCLA section 113(f), in which parties can seek to recover the amount it overpaid in resolving their liability. CERCLA contribution actions are subject to a three-year statute of limitations and do not allow for joint and several liability.