Before a Superfund settlement becomes enforceable, it must be
reviewed by a federal court to confirm that it is fair,
reasonable, and consistent with CERCLA's objectives. This
judicial review is at the heart of CERCLA's settlement
process. Since Superfund settlements provide broad protection
to settling parties, judicial approval provides the
necessary and exclusive procedural
mechanism to vouchsafe that a proposed
settlement is in the interest of the public as well
as all other parties.
Two recent appellate decisions underscore the central
role of judicial review in Superfund settlements.
In ASARCO, LLC v. Union Pacific Railroad
Company, the Eighth Circuit ruled that the owner of a
contaminated site which had settled its CERCLA liability with the
United States could not be collaterally sued by another PRP.
As the court explained, the PRP's exclusive remedy was to
challenge the proposed settlement during the judicial review
of that settlement. In reaching
