On May 12, 2025, the Sixth Circuit issued a published decision in Georgia-Pacific Consumer Prods. LP, et al. v. NCR Corp. finding that a party previously found liable under CERCLA Section 107 is not entitled to declaratory relief for future cleanup costs under CERCLA Section 107. 

The decision involves a Superfund site consisting of a thirty-five mile stretch of the Kalamazoo River in southwest Michigan. In 1998, the district court found Georgia-Pacific liable for PCB contamination at the site and, in a previous appeal, the Sixth Circuit had held that Georgia-Pacific’s claims against International Paper and Weyerhaeuser for contribution under CERCLA Section 113(f) were time-barred.

On May 12, the Sixth Circuit found that, after Georgia-Pacific was found liable under CERCLA Section 107 in 1998, all of Georgia-Pacific’s costs within the scope of that judgment were recoverable only by way of a contribution claim pursuant to CERCLA Section 113(f) and the fact that “Georgia-Pacific cannot proceed with a § 107(a) claim means it cannot obtain declaratory relief under that claim either.” Because claims falling outside of the 1998 judgment are not affected by this ruling, the Sixth Circuit remanded the matter to the district court, but commented that “we expect that the parties will focus less on litigation about the Kalamazoo River, and more on cleaning it up.”

The Sixth Circuit’s May 12 decision can be found here.