"The Fall-Out From Cooper v. Aviall"
Chemical Waste Litigation Reporter, Volume 50, Number 3
8.16.2005
The United States Supreme Court ruled last December, in
Cooper Industries, Inc. v. Aviall Services, Inc. v. Aviall Services, Inc., 125 St.Ct. 577 (2004), that private parties in CERCLA litigation may not seek contribution toward cleanup costs they have incurred under CERCLA section 113(f)(1), unless a lawsuit has been filed against them under CERCLA section 106 or 107(a). Prior to this ruling, many Circuit Courts of Appeals (including the Ninth Circuit in
Pinal Creek Group v. Newmont Mining Corp., 118 F. 3d 1298 (9th Cir. 1997)), have already determined that potentially responsible private parties could not seek joint and several cost recovery pursuant to CERCLA section 107(a), but rather, were limited to section 113 contribution actions against other PFPs.
