Last Fall, EPA published revisions to its 2009 guidance on EPA’s model agreements for settlements under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), entitled Revisions to 2009 ARC Memo and Issuance of Revised CERCLA Past Cost, Peripheral, De Minimis, De Micromis, and Municipal Solid Waste Settlement Models (the Guidance). Although the Guidance covers a number of topics, this Alert focuses on changes affecting potential contribution rights and the scope of potential contribution protection under CERCLA § 113(f). While the revisions are largely helpful in nature, companies and other entities affected by CERCLA should be aware of the recent changes, as the changes may affect their ability to recover costs or receive contribution protection.
