Illinois State Bar Association
New CERCLA Settlement Obstacles
September 2010
A decision handed down by the Third Circuit on April 12, 2010 will have a broad-reaching effect on potentially responsible parties (PRPs) who resolve their Superfund liability to the United States or a state and later seek to recover some of their costs from other PRPs. See Agere Systems, Inc., et al. v. Advanced Environmental Technology Corporation, et al., ___ F.3d ___, No. 09-1814 (3rd Cir. April 12, 2010), available at www.ca3.uscourts.gov/opinarch/091814p.pdf. The decision raises two key warning flags for all PRPs who settle with the United States or a state pursuant to Sections 106 or 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).
Capabilities
Suggested News & Insights
Trend Watch 2026: Hot Topics in California Regulation and LitigationTuesday, February 10, 2026New York is Latest State to Finalize Greenhouse Gas Reporting Rules for 2026February 4, 2026Sidley Fuels SchoolTuesday, February 24, 2026 - Wednesday, February 25, 2026EPA Proposes Changes to Provide More Certainty for Clean Water Act Section 401 Water Quality Certification ReviewJanuary 21, 2026Sidley Honored as a “Practice Group of the Year” in Four CategoriesJanuary 20, 2026California Environmental Law Update: Key Legislative and Regulatory Updates To Track in 2026January 16, 2026
- Stay Up To DateSubscribe to Sidley Publications
- Follow Sidley on Social MediaSocial Media Directory