465.257 Right
of contribution from other person liable for remedial action costs; allocation
of orphan share.
(1) Any person who is liable or potentially liable under ORS 465.255 may seek
contribution from any other person who is liable or potentially liable under
ORS 465.255. When such a claim for contribution is at trial and the court
determines that apportionment of recoverable costs among the liable parties is
appropriate, the share of the remedial action costs that is to be borne by each
party shall be determined by the court, using such equitable factors as the
court deems appropriate, including but not limited to the following:
(a) The amount of
hazardous substances contributed to the facility;
(b) The degree of
toxicity or hazard posed by the hazardous substances to public health, safety
and welfare, and to the environment;
(c) The degree of
involvement in the release of the hazardous substance by the liable persons;
(d) The relative
culpability or negligence of the liable persons;
(e) The degree of
cooperation by the liable persons with the government or with persons who have
a financial interest in the facility;
(f) The extent of
the participation by the liable person in response actions at the facility;
(g) The length of
time the facility was owned or operated by the liable person during the time
the release occurred;
(h) Whether the
acts or omissions that resulted in a release were in material compliance with
applicable laws, standards, regulations, licenses or permits;
(i) The economic
benefit derived from the facility or from the acts or omissions that resulted
in a release;
(j) The
circumstances and conditions involved in the facility’s conveyance, including
the price paid and any discounts granted; and
(k) The quality
of evidence concerning liability and equitable shares.
(2) At the time
of trial, if a person who is otherwise liable under ORS 465.255 is no longer
subject to a judgment due to bankruptcy, dissolution or death (an orphan
share), the court may, in its discretion, allocate that person’s equitable
share to the other liable persons in proportion to their equitable shares or on
any other equitable basis taking into consideration any relationship between
the orphan share’s liable person and each other liable person. [1995 c.662 §5]
Note: 465.257 was enacted into law by
the Legislative Assembly but was not added to or made a part of ORS chapter 465
or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
Notes of Decisions
Certain Underwriters v. Massachusetts Bonding & Ins., 230 P.3d 103 (Or. Ct. App. 2010).
· cites it 8× “” The phrase “is liable or potentially liable” is used throughout Oregon’s environmental cleanup statutes and, in particular, in three contribution-related statutes: ORS 465.257; ORS 465.325; and ORS 465.480.”
Rudder v. Hosack, 506 P.3d 1156 (Or. Ct. App. 2022).
· cites it 7× “Although any potentially liable person may bring a claim for contribution under ORS 465.257, the court could assign responsibil- ity only to a party found to be liable under ORS 465.”
Newell v. Weston, 946 P.2d 691 (Or. Ct. App. 1997).
· cites it 3× “*566 In resolving contribution claims, the court shall allocate remedial action costs among liable parties in accordance with ORS 465.257.” ORS 465.257, in turn, identifies a variety of “equitable factors” to consider in allocating remediation costs.”
Ironwood Homes, Inc. v. Bowen, 719 F. Supp. 2d 1277 (D. Or. 2010).
· cites it 5× “In any event, as noted, Oregon Revised Statute § 465.257 provides the specific right of contribution for the type of liability for remediation costs at issue in this case.”
Arkema Inc. v. Anderson Roofing Co., Inc., 719 F. Supp. 2d 1318 (D. Or. 2010).
· cites it 2× “Under either claim, the court allocates remedial action costs among liable parties in accordance with factors set out in Oregon Revised Statute section 465.257. Or.Rev.Stat. §§ 465.325(a), 465.”
McDonald v. Sun Oil Co., 423 F. Supp. 2d 1114 (D. Or. 2006).
“Counterclaim Two — Contribution Under Oregon Law Defendant counterclaimed for contribution under ORS 465.257 for both the Horse Heaven property and the McDonald Ranch.”
Frontier Recovery, LLC v. Lane Cnty., 727 F. Supp. 2d 968 (D. Or. 2010).
“State Statutory Contribution Claim Plaintiff seeks contribution from defendant under ORS 465.257. Defendant argues that in order to make a claim for contribution under Oregon law, DEQ must have required some type of remedial action.”
— Or. Rev. Stat. § 465.257(1) — 2 cases
Certain Underwriters v. Massachusetts Bonding & Ins., 230 P.3d 103 (Or. Ct. App. 2010).
“” The phrase “is liable or potentially liable” is used throughout Oregon’s environmental cleanup statutes and, in particular, in three contribution-related statutes: ORS 465.257; ORS 465.325; and ORS 465.480.”
Ironwood Homes, Inc. v. Bowen, 719 F. Supp. 2d 1277 (D. Or. 2010).
“In any event, as noted, Oregon Revised Statute § 465.257 provides the specific right of contribution for the type of liability for remediation costs at issue in this case.”
— Or. Rev. Stat. § 465.257(1)(a) — 1 case
Rudder v. Hosack, 506 P.3d 1156 (Or. Ct. App. 2022).
“Although any potentially liable person may bring a claim for contribution under ORS 465.257, the court could assign responsibil- ity only to a party found to be liable under ORS 465.”
Annotations are extracted automatically from the opinions in the
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