Second Circuit Holds CERCLA Claims Were Prudentially Ripe Despite Ongoing PRP Investigation By EPA

On Wednesday, August 18, 2021, the U.S. Court of Appeals for the Second Circuit vacated a district court order dismissing claims for violations of the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 42 U.S.C. § 9601 et seq. See Revitalizing Auto Cmtys. Envtl. Response Tr. v. Nat'l Grid USA, No. 20-1931-cv (2d Cir. Aug. 18, 2021). The Court held that the claims, which were brought under sections 107 and 113 of CERCLA, were prudentially ripe because they were based on costs plaintiffs had already incurred for which they might not receive repayment through EPA investigation. Id.

CERCLA has a dual goal of "cleaning up hazardous waste and holding polluters responsible for their actions." Id. at 21. Section 107(a) and 113(f)(3)(B) of CERCLA authorize parties to recover costs incurred in cleaning up contamination: section 107(a) permits the general recovery of cleanup and prevention costs and section 113(f)(3)(B) creates a contribution