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Acquisitions Bring CERCLA Liability to Banking Conglomerate

CERCLA, Corporate and Real Estate Transactions, Environmental Due Diligence, Lender Liability / By

From a purely legal standpoint, the recent ruling In Tennessee v. Roane Holdings Ltd., 2011 U.S. Dist. LEXIS 143703 (E.D.TN 12/14/11) was not unusual. The court ruled on a motion to dismiss that a party who had entered into an administrative order on consent could not bring a cost recovery action under CERCLA section 107 […]

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11th Circuit Rules Parties To Consent Decree Limited to Contribution Claim

CERCLA / By

The Court of Appeals for the Eleventh Circuit joined the 2nd,3rd and 8th Circuits in holding that a PRP that incurs response costs pursuant to a consent decree may only recover its costs through a section 113(f) contribution action and may not bring a 107 cost recovery action. In Solutia v McWane, 2012 U.S.App. LEXIS

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