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The 6th Circuit Court of Appeals ruled Monday (7/14) in Hobart Corp. et al. v. Waste Management of Ohio (Case Nos. 13-3273/3276), in CERCLA, 42 USC §9601 et seq., cases where a potentially responsible party (PRP) has entered into an administrative settlement with the government, thus meeting a statutory trigger for filing a contribution action, the PRP can bring only a contribution action pursuant to CERCLA § 113(f)(3)(B) and cannot bring a CERCLA § 107(a)(4)(B) cost-recovery action. The appellate court's opinion is consistent with a position previously advanced by this law firm and Squire Sanders resulting in our client's Motion to Dismiss being granted on the issue. Tennessee v. Roane Holdings Ltd., 835F.Supp.2d 527, 538-541 (E.D. Tenn. 2011); 75 ERC (BNA) 1109 (CERCLA §113(f) constitutes third-party plaintiff's exclusive remedy such that its action and claims made pursuant to CERCLA §107 cannot be maintained). For more information about this development, or to discuss environmental matters and federal court litigation, please contact David Higney.
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