Menu
Mar 15, 2017

Company That Settled CERCLA Liability in Bankruptcy Can Pursue Contribution Claim

Bankruptcy Law & Judicial Estoppel

In January, the U.S. Court of Appeals for the 10th Circuit reversed a District Court’s ruling that a company that settled its CERCLA liability with the federal government in a bankruptcy proceeding was barred from seeking contribution against another PRP.  Instead, the 10th Circuit ruled in Asarco v. Noranda Mining, Inc., No. 16-4045 (10th Cir. 1/3/17), that Asarco is allowed to pursue a claim against another PRP for contribution for amounts Asarco overpaid in its settlement with EPA. Asarco filed for Chapter 11 bankruptcy in 2005.  In 2009, a global settlement agreement with EPA under which Asarco paid $1.79 billion… Read more