Will EPA’s Administrative Order on Consent Satisfy the Procedural Requirements of Cooper v. Aviall?
By Gene Schmittgens & Jessica Merrigan
Environmental and Natural Resources Law,
February 2007
Not only did the Court’s decision in Cooper Industries, Inc. v. Aviall Services, Inc. eliminate the availability of contribution under CERCLA following a voluntary cleanup, it also has the potential to significantly limit the right of contribution for parties that have “settled” or wish to “settle” liability in an administrative setting.
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