Yes. Section 107(a), one of CERCLA’s key provisions, permits both government and private plaintiffs to recover from responsible parties the costs incurred in cleaning up and responding to hazardous substances at those sites.
Due to the complexity of CERCLA lawsuits, which often involve multiple defendants and difficult remedial questions, courts oftentimes bifurcate the liability and remedial, or damages, phases of the cases. In doing so, disputed factual and legal issues pertaining only to liability are resolved before deciding the more complicated and technical questions of appropriate cleanup measures and proportionate fault of liable parties.
Do you have questions? You can get our FREE ebook, Environmental Litigation: What Every Attorney and Environmental Professional Needs to Know, just by providing your name and email address at this link. We promise your information won’t be shared with third persons. And if you’d like to speak with me about your case, I welcome your phone call at 972-850-8490. I look forward to speaking with you.