The dividing line between Superfund cost recovery and
contribution actions under sections 107(a) and 113(f) of CERCLA,
respectively, have long been complicated and unclear. Potentially
responsible parties (PRPs) typically prefer to proceed under §
107 due to its more favorable statute of limitations and joint and
several liability standard, but often plead both sections
alternatively when seeking reimbursement and response costs.
Several recent court decisions provide additional clarity as to
which section is appropriate given the procedural status of the
claim.
In United States v. Atl. Research Corp., 551 U.S. 128
(2007), the Supreme Court held that the availability of remedies
under § 107 and § 113 depends on the procedural posture
of the case. If a party has settled or otherwise resolved its
liability with the federal government or a state for any response
costs or has been the subject of a CERCLA action under § 106
or § 107, the party must use § 113 to seek
