ELR Citation: ELR 20764
No(s). 3:CV-86-1591 (M.D. Pa. Jan 13, 1992)

The court holds that claims for contribution and indemnification by nonsettling defendants against settling defendants in an action by the United States for reimbursement of response costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) are barred by the settlement agreement between the government and the settling defendants and CERCLA §113(f)(2). The court holds that the bar does not violate the U.S. Constitution, because the nonsettling defendants had no constitutional right to participate in the settlement, and the government's failure to join necessary parties to a litigation does not violate the Equal Protection Clause. Finally, the court holds that the nonsettling defendants received constructive notice of the settlement, since notice of it was published in the Federal Register.

[Prior decisions in this litigation are published at 19 ELR 20828 and 21 ELR 20489.]

Counsel for Defendants
Michael F. Dolan
Seyfarth, Shaw, Fairweather & Geraldson
55 E. Monroe St., Chicago IL 60603
(312) 346-8000

Walter T. Grabowski, Cynthia R. Vullo
Hourigan, Kluger, Spohrer & Quinn
700 United Penn Bank Bldg., Wilkes-Barre PA 18701
(717) 825-9401

Counsel for Plaintiff
W. Benjamin Fisherow
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000