Do Plaintiffs in CERCLA § 113 Contribution Actions Need to Prove Consistency with the National Contingency Plan?

Abstract

This article discusses whether the claimant in a contribution action brought under section 113 of Comprehensive Environmental Response, Compensation, and Liability Act needs to prove that the costs were incurred in a manner that was consistent with the National Contingency Plan (NCP). This article examines the recent case law as well as the Supreme Court decisions that address the relationship between sections 107 and 113 and concludes that although the recent case law suggests that NCP is a requirement, the Supreme Court's analysis of the relationship between sections 107 and 113 in United States v. Atlantic Research Corp. may undermine the basis for that conclusion.