RECENT FEDERAL DECISIONS

October 2005

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District Court Finds a Party May Seek Indemnification from Other PRPs Pursuant to CERCLA § 107(a) if § 113(f) Recovery Is Unavailable
Viacom, Inc. v. United States of America, ___F.Supp.2d___

The United States District Court for the District of Columbia held that it would be manifestly unjust to prevent a potentially responsible party who cannot sue for contribution for voluntary cleanup costs under § 113(f) of the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) from seeking cost recovery under § 107(a) of CERCLA.