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Guidance: Interim Revisions to Superfund Settlement Models to Clarify Contribution Rights and Protection from Claims Following Aviall and ARC Decisions

Joint EPA and Department of Justice (DOJ) memorandum on interim revisions to model Superfund judicial and administrative settlements to clarify certain contribution rights and protection from claims and certain other language following the Supreme Court’s decisions in Cooper Industries, Inc. v. Aviall Services, Inc., 543 U.S. 157 (2004) (Aviall), and United States v. Atlantic Research Corporation, 551 U.S. 128 (2007) (ARC). Issued 3/16/2009.

EPA and DOJ jointly revised the interim model language relating to contribution protection and rights included in this 3/16/2009 memorandum in the 9/26/2014 Revisions to 2009 ARC Memo and Issuance of Revised CERCLA Past Cost, Peripheral, De Minimis, De Micromis, and Municipal Solid Water Settlement Model.

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