Judge Limits Defendants’ CERCLA Counterclaims In Suit Over Site Cleanup

Mealey's (August 22, 2018, 2:14 PM EDT) -- DAYTON, Ohio — A federal judge in Ohio on Aug. 20 held that two companies in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) lawsuit could not seek cost recovery under the Section 107(a) of the statute in their counterclaims but could seek contribution under Section 113(f) because they are named as defendants in the lawsuit (Hobart Corporation, et al. v. The Dayton Power & Light Co., et al., No. 13-cv-115, S.D. Ohio, 2018 U.S. Dist. LEXIS 140994)....