Ninth Circuit: Arconic, Inc. v. APC Investment Co.

 

Where a statute creates a right to seek contribution to an environmental settlement or judgment but provides that such contribution must be sought within three years of the entry of judgment, seeking contributions from de minimis co-polluters that indemnify them against any future claims does not start the clock to seek other contributions within a prospective limitations period triggered by a subsequent claim against the same site.  A right to contribution can't arise until the judgment creating the liability is entered, and this division of eligible costs serves the purposes of the law

Judicial estoppel similarly does not preclude seeking a second round of contributions for a second judgment, as there's no inconsistency.


Arconic, Inc. v. APC Investment Co.