Environmental
Sep. 11, 2001
False Assumption
A party who voluntarily cleans up is barred from pursuing a CERCLA action if that party is not already a defendant or the subject of a cleanup order.
A liable party who cleans up contaminated property can't sue other liable parties for contribution under the Superfund statute unless the party that has cleaned up the contamination has had an Environmental Protection Agency cleanup order issued against it or is already a defendant in a Superfund...
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