ELR Citation: ELR 20986
No(s). C89-214M (W.D. Wash. Jan 16, 1990)

The court approves settlements in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) contribution action between defendants in a government CERCLA action and 26 third-party defendants that contributed a small share of waste at the site. Third-party plaintiffs moved for approval of 26 settlement agreements and a finding that the settlement amounts represented the settling defendants' equitable shares. Plaintiff advocated the Uniform Contribution Among Tortfeasors Act's pro tanto rule that provides contribution protection to all settlors and reduces the amount of the nonsettlors' liability by the amount of the settlements. The nonsettling defendants objected to the pro tanto rule and instead endorsed the Uniform Comparative Fault Act's (UCFA's) proportionate rule, which reduces the plaintiff's claim by the percentage of the settlors' causal fault, which would be determined at the nonsettlors' trial. The court approves 25 settlement agreements, but endorses the UCFA proportionate rule and leaves to the trial the determination of what would constitute equitable shares.

Counsel for Plaintiffs
David Zugschwerdt
Land and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-4548

Counsel for Defendants
Marcus B. Nash
Stafford, Frey, Cooper & Stewart
500 Watermark Tower, 88 Spring St., Seattle WA 98104
(206) 623-9900