June 01, 2015

Issues to Consider in CERCLA Settlements

Sudhir Burgaard

Parties involved in actions brought under the Comprehensive Environmental Remediation, Compensation and Liability Act (CERCLA) have many factors to consider in determining whether they should enter into settlement agreements, including how a settlement would offset remaining parties’ liability and, where an agency is involved, the level of deference a district court will afford the agency’s determination that a consent decree is fair and reasonable. The Ninth Circuit recently issued two decisions that are germane to these issues, but first a little background information.

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