ELR Citation: ELR 20858
No(s). s. C89-214M et al (W.D. Wash. Jan 19, 1991)

The court holds that it will apply the proportionate credit rule under the Uniform Comparative Fault Act (UCFA), rather than the pro tanto rule in the Uniform Contribution Among Tortfeasors Act, in determining whether to approve private-party settlement agreements in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) contribution action for subsurface cleanup of the Western Processing site in Washington. Third-party plaintiffs sought approval of 26 settlement agreements involving minor third-party defendants. The settlement agreements were negotiated based on the amount of waste contributed to the site, the burden of continued litigation, the facts about the parties' conduct known at the time of settlement, and an estimate of what total cleanup costs might be in the future. The court first observes that the UCFA is more consistent with and does more to implement congressional intent underlying CERCLA, and CERCLA §113(f) authorizes the court to use equitable factors in allocating response costs among liable parties. Thus, the court holds that it is free to apply the UCFA provisions in assessing the proposed settlements. The court next approves and enters the settlement agreements and dismisses all claims for response costs or contribution by any remaining defendant against any settling defendant arising out of claims asserted by third-party plaintiffs. The court adopts use of the UCFA with respect to claims by third-party plaintiffs against the remaining defendants, requiring that such claims be reduced by the amount of each settling third-party defendant's equitable share of liability.

[Prior decisions in this litigation are published at 20 ELR 20986, 20990, and 21 ELR 20855.]

Counsel are listed at 21 ELR 20855.