What is a federal covenant not to sue under the model settlement agreement?
A Good Samaritan settlement agreement provides a federal covenant not to sue under CERCLA in exchange for cleanup work by a Good Samaritan at an orphan mine site. The United States commits not to sue or take administrative action against the Good Samaritan pursuant to Sections 106 and 107(a) of CERCLA for “existing contamination,” contingent upon the Good Samaritan’s complete and satisfactory performance of the cleanup, subject only to the United States’ limited reservation of rights.
