Divided, But Not Conquered: Approaches To Apportioning Liability For Contaminated Sites

Article by Philip Hinerman, Esq., Fox Rothschild LLP, and Philip T. Tringale and Patrick B. Hubbard, Langan Treadwell Rollo

Falling under the Environmental Protection Agency's hammer of "joint and several liability" in contaminated site cleanup cases is a costly proposition. The U.S. Supreme Court recently threw open the door to dividing these costs, and courts are now considering how to do it.

"Joint and several liability" is a legal concept that holds any one entity can be solely responsible for the entire cost of cleanup whether or not other companies may have contributed to the problem. The EPA often threatens to seek full liability for costs if companies refuse settlements. Parties that do not agree to settlements acceptable to the EPA face the prospect of a trial, after which they may be liable for all costs that were not paid by those who settled.