Deep pocket contaminators beware! The 9th U.S. Circuit Court of Appeals has held that if you are not among the early settlers in an action under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), you could be left holding the bag of increased liability. In an opinion that may alter how CERCLA cases are litigated, the 9th Circuit has held that a government-approved CERCLA settlement based solely on an inability ...
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