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.

Please see full Alert below for more information.