In Arconic v. APC Investment Co., the Ninth Circuit said companies that settled their liability with the U.S. for cleanup of a defunct recycling facility in Whittier, California, may pursue Superfund contribution claims against non-settling parties. It appears to narrow the circumstances in which CERCLA’s limitations period for contribution claims can be triggered by a settlement between private parties. In this article, Environmental attorney Peter Keays discusses the ways this ruling could impact CERCLA litigation and settlements in the Ninth Circuit and beyond.
This article was originally published in the Bloomberg Law Environment and Energy Report on August 21, 2020.
