Allocating CERCLA Liability: Divisibility or Section 113 Equitable Contribution
Assessing Harm, Proving Divisibility of Harm Defense Absent a Bright-Line Test, and Apportioning Costs
Assessing Harm, Proving Divisibility of Harm Defense Absent a Bright-Line Test, and Apportioning Costs
Outline
- Divisibility defense under CERCLA
- Statutory language
- What the BNSF decision means for divisibility
- Section 113 equitable contribution
- Lessons learned from recent decisions
- Best practices
- Circumstances lending themselves to a divisibility defense
- Presenting a divisibility defense