• Primary CERCLA Suit Needed for a Contribution Claim
  • April 24, 2006 | Author: Thomas M. Skove
  • Law Firm: Roetzel & Andress A Legal Professional Association - Akron Office
  • On January 9, 2004, the U.S. Supreme Court agreed to review whether a private party must itself be a defendant in a governmental enforcement action before it can bring an action to recover its cleanup costs from a prior polluter. If the Court rules that a "primary" enforcement action is needed before a second, "contribution" action can be brought, the decision would change twenty years of private cost recovery actions under CERCLA or "Superfund."