3rd Circuit: Settlement With State Agency Does Not Bar CERCLA Contribution Claim

Mealey's (September 9, 2020, 1:29 PM EDT) -- PHILADELPHIA — A Third Circuit U.S. Court of Appeals panel on Sept. 8 found that the former operator of a landfill site that handled the disposal of hazardous substances can face a claim for contribution under the Comprehensive Environmental Response, Compensation, and Liability Act brought by a company that transported waste to the site because a settlement between the operator and the New Jersey Department of Environmental Protection (NJDEP) did not resolve potential liability to the federal government for cleanup at the property (N.J. Department of Environmental Protection, et al. v. American Thermoplastics Corp., et al., Nos. 18-2865, 19-2243, 3rd Cir., 2020 U.S. App. LEXIS 28356)....