Indemnification Provision Too Vague To Determine CERCLA Liability, Judge Rules

Mealey's (April 30, 2019, 9:58 AM EDT) -- MISSOULA, Mont. — A federal judge in Montana on April 11 denied Atlantic Richfield Co.’s (Arco’s) motion for judgment on the pleadings in a suit brought by a company seeking $7 million in cost recovery under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Montana Comprehensive Environmental Cleanup and Responsibility Act, finding that the indemnification provision in a 1985 asset agreement did not clearly explain each company’s environmental liabilities (Columbia Falls Aluminum Company LLC v. Atlantic Richfield Co., No. CV 18-131-M-DWM, D. Mont., 2019 U.S. Dist. LEXIS 62702)....