Environmental
Jan. 10, 2013
Court closes door on dual CERCLA claim actions
Recently, the 7th U.S. Circuit Court of Appeals closed the door on the possibility that a CERCLA claimant can pursue both a cost recovery and contribution claim. By Christopher W. Smith and Steven L. Hoch
Recently, the 7th U.S. Circuit Court of Appeals closed the door on the possibility that a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) claimant can pursue both a cost recovery and contribution claim. Bernstein v. Bankert, No. 11-1501 (Dec. 19, 2012). In doing so, the 7th Circuit joined a host of other circuit courts which have uniformly held that the theoretical possibility of bri...
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