What did the U.S. Supreme Court hold in Aviall?
The issue before the Supreme Court in Aviall was whether “a private party who has not been sued under section 106 or section 107 of CERCLA may nevertheless obtain contribution under section 113(f)(1) [of CERCLA] from other liable parties.” CERCLA ยง 113(f)(1) provides, in part: “Any person may seek contribution from any other person who is liable or potentially liable under section 9607(a) of this title, during or following any civil action under section 9606 of this title or under section 9607(a) of this title.”
