United States v. Monsanto: Inconsistency in the Government's Position on the Timing of CERCLA Contribution Claims
In September of last year the Fourth Circuit handed down its decision in United States v. Monsanto Co.1 The court affirmed the imposition of joint and several liability under the Comprehensive Environmental Response, Compensation, and Liability Act2 (CERCLA) on site owners and waste generators for governmental response costs incurred at the Bluff Road site in South Carolina.