David Mandelbaum, Greenberg Traurig. 'RACER Trust' and the Concinnity of CERCLA Sections 107 and 113
The decision to apply Section 113 or Section 107 action-by-action or settlement-by-settlement does not improve CERCLA's concinnity.
September 16, 2021 at 12:09 PM
8 minute read
Environmental Law
Last month, the U.S. Court of Appeals for the Second Circuit decided Revitalizing Auto Communities Environmental Response Trust v. National Grid USA, No. 20-1931-cv (2d Cir. Aug. 18, 2021), another appellate decision amplifying the confusion around private actions to reallocate costs under the federal Superfund statute, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). Revitalizing Auto Communities Environmental Response Trust (RACER Trust) affirms the proposition that if a party has a contribution claim available under CERCLA section 113(f), 42 U.S.C. Section 9613(f), then that party only has a contribution claim and cannot sue for cost recovery under section 107(a)(1-4)(B), 42 U.S.C. Section 9607(a)(1-4)(B). However, the court of appeals seems to conduct that analysis action-by-action or settlement-by-settlement.
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