• Fifth Circuit Ruling in Aviall Services, Inc. Restricts CERCLA Contribution Right
  • May 14, 2003 | Author: Bradford F. Whitman
  • Law Firm: Reed Smith LLP - Pittsburgh Office
  • On August 14, 2001, a panel of the Fifth Circuit Court of Appeals ruled that a private party who performs an environmental clean-up at a site cannot file a contribution action in federal court against other potentially responsible parties unless EPA has previously issued a formal Section 106 administrative order under the Comprehensive Environmental Response, Compensation and Liability Act to perform the remedial work or has sued the party for cost recovery in a Section 107 civil action.