Aviall Services, Inc. v. Cooper Industries, Inc.

In reaching its holding that a PRP can only sue another PRP on a § 113(f)(1) contribution claim if a § 106 administrative order or § 107(a) action has been brought against it, the panel majority claims to have applied a “plain-meaning” analysis to the statute; yet it obviously has glossed over clear statutory language declaring that “[njothing in [§ 113(f)(1)] shall diminish the right of any person to bring an action for contribution in the absence of a civil action under [§ 106] ... or [§ 107(a)][,]"1 I respectfully dissent because I am convinced that a full and fair reading of § 113(f)(1)…