With Donald Ayer, Stephanie Couhig, Ryan Dahl, Kevin Holewinski
Quickly undercutting the recent precedent available to private parties wishing to pursue environmental contribution claims against the federal government (or other parties) under CERCLA § 107 (See the August 2006 Jones Day Commentary entitled "Litigating Environmental Claims Against the United States: One Post-Aviall Bar Removed"), the Third Circuit recently held that a private party that voluntarily incurs response costs at a site may not seek contribution against the federal government under §