A new U.S. Supreme Court decision eliminates contribution actions under the Superfund statute for the costs of voluntary cleanup of contaminated property. Unless Congress responds, the decision will seriously inhibit efforts to redevelop contaminated "brownfields."
On December 13, 2004, the U.S. Supreme Court decided that a private party who has not been sued under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or Superfund) cannot bring an action to obtain contribution from other potentially liable parties. In a decision that focuses on strict construction of statutory language to the detriment of public policy, Cooper Industries, Inc. v. Aviall Services, Inc., 125 S.Ct. 577 (2004), the Court upset the longstanding and highly effective practice by federal and state regulatory agencies of encouraging voluntary and prompt cleanup of contaminated sites, without waiting for a lawsuit or agency order to do so. Eliminating contribution recovery for
