New Jersey Department of Environmental Protection v. American Thermoplastics Corp., Civil Action No. 98-4781 (WHW)

New Jersey Department of Environmental Protection v. American Thermoplastics Corp. (Civil Action No. 98-4781 (WHW)) was a significant long-standing case centered on CERCLA contribution claims for the cleanup of the Combe Fill South Landfill Superfund Site. The litigation, which involved governmental plaintiffs like the USEPA as well as numerous defendants, addressed whether a potentially responsible party's (PRP) settlement with a state agency entitled contribution protection against federal (USEPA) cost recovery actions for the same site. The Third Circuit Court of Appeals ultimately reversed the District Court's decision on the matter, clarifying that a polluting party's previous settlement with the State of New Jersey does not protect it from lawsuits seeking contributions toward expenditures made by the Federal Government.

References

NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, et al., Plaintiffs, v. AMERICAN THERMOPLASTICS CORP., et al., Defendants

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