Lessons Learned From the Intersection of CERCLA and Contract Law
In Blasland, Bouck & Lee, Inc. v. City of North Miami, the U.S. Court of Appeals for the Eleventh Circuit addressed two significant issues involving the interrelationship between Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) cost recovery actions and contract law. These issues, and the way the court addressed them, highlight problems for drafters of both commercial contracts and partial settlement releases, which if not carefully done can frustrate the intentions of the parties and cause significant economic loss to at least one of them.