New Jersey Department of Environmental Protection v. American Thermoplastics Corp.

ELR Citation: 50 ELR 20210
No(s). 18-2865 and 19-2243 (3d Cir. Sep 8, 2020)

The Third Circuit held that a PRP's settlement with New Jersey resolving its state-law liability in connection with contamination at a municipal landfill did not protect the party from lawsuits seeking contribution toward expenditures made by EPA on the same site. The district court had concluded that the PRP's settlement with the state precluded other PRPs from bringing suit under CERCLA §113(f) regardless of whether they sought recovery for federal or state liability. The appellate court found that the scope of the PRP's settlement with New Jersey resolved its liabilities to the state, but that it did not discharge liabilities to EPA. It therefore reversed the district court's summary judgment order and remanded for further proceedings.

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