42 U.S.C. § 9657: Separability; contribution

Summary

If any part of this chapter is found invalid, the rest stays in effect and how it applies to other people or situations is not changed. If an administrative settlement under section 9622 limits someone’s right to get contribution from a party to that settlement, and that limit would be a taking without just compensation in violation of the Fifth Amendment, that person cannot get money from the United States under other laws for that taking, and the settlement’s limit on the right to get contribution is treated as void.

Title 42, §9657

The Public Health and Welfare, Source: USLM XML via OLRC

If any provision of this chapter, or the application of any provision of this chapter to any person or circumstance, is held invalid, the application of such provision to other persons or circumstances and the remainder of this chapter shall not be affected thereby. If an administrative settlement under section 9622 of this title has the effect of limiting any person’s right to obtain contribution from any party to such settlement, and if the effect of such limitation would constitute a taking without just compensation in violation of the fifth amendment of the Constitution of the United States, such person shall not be entitled, under other laws of the United States, to recover compensation from the United States for such taking, but in any such case, such limitation on the right to obtain contribution shall be treated as having no force and effect.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 96–510, Dec. 11, 1980, 94 Stat. 2767, known as the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, which enacted this chapter, section 6911a of this title, and section 4611, 4612, 4661, 4662, 4681, and 4682 of Title 26, Internal Revenue Code, amended section 6911 of this title, section 1364 of Title 33, Navigation and Navigable Waters, and section 11901 of Title 49, Transportation, and enacted provisions set out as notes under section 6911 of this title and section 1 and 4611 of Title 26. For complete classification of this Act to the Code, see

Short Title

note set out under section 9601 of this title and Tables.

Amendments

1986—Pub. L. 99–499 inserted sentence at end relating to administrative settlements under section 9622 of this title which have effect of limiting any person’s right to obtain contribution from any party to such settlement.

§9657 Separability; Contribution