Settling CERCLA Cases: Executing an Effective Strategy

CERCLA litigation typically involves numerous players. When seeking to settle CERCLA cases, the CERCLA plaintiff must consider with whom it will settle, the standard that will apply to the settlement, and what protection it will receive from future claims. Careful navigation of these issues is necessary to minimize the likelihood of further litigation and protect the plaintiff's ability to seek contribution from other parties.

When settling CERCLA cases, many PRPs focus on the risk of future CERCLA 107 or state law claims. However, there is also a risk that parties may file a RCRA citizen suit. There is conflicting law on this--some cases hold that such claims are not barred unless specific RCRA statutory criteria are met. Others hold the claims are barred as disguised contribution claims, and yet others hold that such claims may be barred for other reasons.

Counsel to parties settling CERCLA litigation must establish and carefully implement a settlement strategy that adequately protects it from future claims.

Listen as our panel of experts examines CERCLA settlement strategy and the implications of settlement. The panel will discuss what steps counsel can take to minimize the threat of future RCRA citizen suits and CERCLA 107 claims and ensure the ability to seek contribution from other PRPs. The panel will offer best practices for executing the settlement strategy.