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Right To Work Has Momentum As It Heads To New Hampshire House Floor

SCOTUS Seeks to Clarify Contribution Claims under CERCLA | Holland & Hart LLP

Last week, in its unanimous decision Guam v. United States, No. 20-382, the United States Supreme Court attempted to clarify a statutory question regarding the right to seek contribution that has been a source of uncertainty among courts, practitioners, and responsible parties for years. The Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) holds responsible parties jointly and severally liable for the release of hazardous substances. To compensate responsible parties who pay beyond their fair share for the cleanup of hazardous substances, Section 113(f)(3)(B) of CERCLA provides a responsible party who has “resolved its liability to the United States or a State for some or all of a response action . . . in an administrative or judicially approved settlement” a right to “seek contribution from any person” who has not similarly resolved its liability.

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