B.F. Goodrich v. Murtha and EPA's Municipal Settlement Policy: Municipalities Are Not Exempt from CERCLA Liability

In the case of B. F. Goodrich v. Murtha, a US district court judge ruled that municipalities are not exempt from liability under CERCLA. Landfills owned by Harold Murtha had been found to contain wastes covered under CERCLA; EPA had identified Goodrich as a contributor of this waste. Goodrich eventually filed response cost claims against municipalities also using the landills. The EPA Municipal Settlement Policy does not protect municipalities from CERCLA liability. Fear of CERCLA liability suits could encourage municipalities to monitor their waste streams for hazardous materials.