ELR Citation: ELR 20949
No(s). 1:92:CV:843 (W.D. Mich. May 3, 1995)

The court holds that potentially responsible parties (PRPs) that resolved their liability for a hazardous substance release through a consent decree with the government can recover response costs from other PRPs under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and are not limited to contribution claims under CERCLA §113(f). Denying defendants' motion to reconsider, the court holds that it cannot find that its previous ruling on defendant's motion to dismiss plaintiffs' §107 claim was clearly erroneous. The decision to allow plaintiffs to proceed with a §107 action instead of amending the action to one for contribution is more consistent with Sixth Circuit precedent and the U.S. Supreme Court decision in Key Tronic Corp. v. United States, 24 ELR 20955 (1994). Also, the language in §107 does not support the distinction other case law makes between the §107 rights of an innocent private party and the lack of similar rights for PRPs that incur response costs. Moreover, CERCLA's goal of having PRPs promptly undertake cleanup activities is better served by allowing PRPs that undertake cleanup activities to seek joint and several liability of other PRPs, subject to the other PRPs' claim for contribution.

[The court's prior decision in this litigation is published at 25 ELR 21460.]

Counsel for Plaintiffs
Richard D. Reed
Reed, Stover & O'Connor
800 Comerica Bldg., Kalamazoo MI 49007
(616) 381-3600

Counsel for Defendants
Thomas W. Daggett
Wildman, Harrold, Allen & Dixon
225 W. Wacker Dr., 30th Fl., Chicago IL 60606
(312) 201-2000