United States Ninth Circuit

In an action seeking to enforce a court-approved settlement that plaintiff negotiated with the City of Emeryville and the Emeryville Redevelopment Agency to resolve a lawsuit filed by Emeryville in 1999 pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), a partial grant of plaintiff's motion is affirmed where: 1) 42 U.S.C. section 9613(f)(1) did not directly "provide" any protection against contribution claims, and cannot serve as the statutory basis for contribution protection referenced in the 2001 Settlement; and 2) the district court did not err in finding that the "good faith settlement" determination as to the 2001 Settlement was not a bar to the contribution claims asserted in the State Court Action.

Appellate Information

• Decided 09/15/2010
• Published 09/15/2010

Judges

• Cynthia Holcomb Hall

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• William D. Wick, Robert P. Doty