Solutia v. McWane: The Eleventh Circuit on CERCLA contribution

Vol. 44 No. 2

Mike Freeman is a partner in the Litigation Section, and Patrick Runge is an associate in the Environmental Section, of Balch & Bingham LLP’s Birmingham, Alabama office.

Because the U.S. Environmental Protection Agency (EPA) lacks the resources to remediate the hundreds of Superfund sites across the country, the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) encourages voluntary cleanup of such sites. CERCLA does this in two ways: section 107 “recovery claims,” and section 113(f)(2) “contribution protection.” In Solutia, Inc. v. McWane, Inc., 672 F.3d 1230 (11th Cir. 2012), cert. denied, No. 12-89 (Oct. 9, 2012), the Eleventh Circuit determined that those statutory provisions clashed.

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