In this case, the U.S. Supreme Court determines that private parties have a right to recover “voluntary” costs of environmental investigation and remediation under Section 107 of CERCLA, regardless of the party’s standing as an “innocent” party, or whether the party seeking to recover costs has performed the work under a settlement with U.S. EPA or in a civil lawsuit with another private party. However, the case potentially opens the door for less certainty with respect to CERCLA settlements with the government, as the Supreme Court also held that settlements of contributions claims under CERCLA Section 113 did not automatically bar suits under CERCLA Section 107.

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Source: The Real Estate Finance Journal
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