Worse May Be Better for Non-Judicial CERCLA Allocation

Law360 (Aug 6, 2021, 4:54 p.m. EDT) – Some commentators believe the U.S. Supreme Court ruling in Guam v. CERCLA – also known as the Superfund Act – which were previously considered prohibited by the three-year limitation period governing contribution claims under Section 113.

In light of these reactivated potential claims, it may be time to reconsider the decision between engaging in CERCLA litigation and participating in a non-judicial CERCLA award.

Is the old adage that attribution is always better than litigation still true, in particular …

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