Lesson of Ninth Circuit CERCLA Decision: Prepare to Prove Recoverable Costs

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On June 13, 2016, the Ninth Circuit held that a party which has settled its liability pursuant to a CERCLA section 1071 cost recovery claim may recover any response costs not covered by the settlement under CERCLA section 107. This decision confirms that a CERCLA responsible party is not necessarily limited to a claim for CERCLA contribution under section 113 merely because it has been sued under CERCLA section 107.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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