RECENT FEDERAL DECISIONS

February 2004

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District Court Holds that Liability Insurer Does Not Qualify as an Innocent Party under CERCLA
California Dep’t of Toxic Substances Control v. City of Chico

The federal District Court for the Eastern District of California held that the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) 42 U.S.C. § 9607(a) does not allow an insurance company to impose joint and several liability against other potentially responsible parties (PRPs).