Litigation
Jul. 16, 2005
Post-'Aviall' Conflict Develops Over Party Cleanup Remedies
Focus Column - Environmental Law - By Thomas M. Donnelly and Matthew K. Narensky - The U.S. Supreme Court ruled in December in Cooper Industries Inc. v. Aviall Services Inc . , 125 S.Ct. 577 (2004), that private parties in Comprehensive Environmental Response, Compensation and Liability Act litigation may not seek contribution toward cleanup costs they have incurred under the act's Section 13(f)(1) unless a lawsuit has been filed against them under the act's Section 106 or 107(a).
Focus Column
Environmental Law
By Thomas M. Donnelly
&n...
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