After settling with EPA and having its settlement upheld in court, a potentially responsible party (PRP) is free from liability to all other PRPs given notice of that proposed settlement under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, or Superfund). This principle, long recognized as key to CERCLA's successful performance, was recently affirmed by the United States Court of Appeals for the Eighth Circuit in its ASARCO, LLC v. Union Pacific Railroad Company decision.
The Western District of Washington also recently followed the holding from the Aviall case. See Port of Tacoma v. Todd Shipyards Corp., 2009 U.S. Dist. LEXIS 5884 (W.D.Wa., January 14, 2009). The Port of Tacoma sued Todd Shipyards in a contribution action under CERCLA § 113(f) for recovery above an equitable share of costs the Port incurred in remediating the subject Superfund site, which had been used for shipbuilding operations during World War I and World War II, pursuant to a consent decree with the United States.