RECENT FEDERAL DECISIONS

January 2010

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Tenth Circuit Finds Union Pacific’s CERCLA Contribution Right Is Sufficient for Intervention
U.S. and State of Oklahoma v. Albert Investment Company, ___F.3d___

The United States and the State of Oklahoma (federal and state governments) sued Union Pacific under the Comprehensive Environmental Response, Compensation and Liability Act’s (CERCLA) damage provisions seeking to hold it jointly and severally responsible for the federal and state governments’ entire non-reimbursed cleanup costs and natural resources damages related to the Double Eagle Superfund Site (Double Eagle Site). While this action was pending, the federal and state governments sued some 44 potentially responsible parties (PRPs) for the entire cleanup costs and natural resources damages at the Double Eagle Site. Although the federal and state governments’ limitations period on this suit had expired, the federal and state governments lodged a consent decree memorializing a settlement agreement with the 44 PRPs under which they would enjoy immunity from contribution actions or claims for the Double Eagle Site, in exchange for their collective payment of some $6.5 million. Union Pacific sought to intervene in this action alleging statutory contribution rights under CERCLA § 113(f) and (i) against the settling parties.