75-10-724. Private right of action. Any person who receives notice under 75-10-711, who is held jointly and severally liable under 75-10-715, or who initiates a voluntary cleanup under the provisions of 75-10-730 through 75-10-738 may bring a private right of action, including a claim for contribution or declaratory relief, against any other person who is liable or potentially liable under 75-10-715 for the recovery of remedial action costs. In resolving contribution claims, the court shall allocate remedial action costs among the liable persons based on the factors set out in 75-10-750.
Montana Code Annotated
Mont. Code Ann. § 75-10-724 (2026)
Private Right Of Action
✓ current as of May 2026
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TITLE 75. ENVIRONMENTAL PROTECTION
CHAPTER 10. WASTE AND LITTER CONTROL
Part 7. Remedial Action Upon Release of Hazardous Substance
Private Right Of Action
History: En. Sec. 17, Ch. 709, L. 1989; amd. Sec. 10, Ch. 415, L. 1997.
Notes of Decisions
Cited in 1
case, 2007–2007 · leading case: Sunburst Sch. Dist. No. 2 v. Texaco, Inc., 2007 MT 183 (Mont. 2007).
Sunburst Sch. Dist. No. 2 v. Texaco, Inc., 2007 MT 183 (Mont. 2007). “Although CECRA provides for a private right of action, § 75-10-724, MCA, this provision differs markedly from the common law action for restoration damages that Sunburst pursued.”
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