• Right to Superfund Contribution Curtailed by Supreme Court Decision
  • February 4, 2005
  • Law Firm: Nixon Peabody LLP - New York Office
  • The United States Supreme Court recently issued a 7-2 decision in Cooper Industries, Inc. v. Aviall Services, Inc., 543 U.S. ___ (Dec. 13, 2004), holding that a potentially responsible party (PRP) who has not been sued in a civil action brought under Section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), or been issued a CERCLA section 106 Order may not obtain contribution under Section 113(f) from other responsible parties.