Whether a declaratory judgment without imposed costs or damages triggers CERCLA's three-year statute of limitations for contribution actions

This case presents two questions that, separately and together, have massive implications for the allocation of Superfund site cleanup costs among potentially responsible parties (“PRPs”) under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) . They are: 1. Does the theoretical availability of a contribution action under CERCLA § 113(f) foreclose recovery of costs under CERCLA § 107(a), even where all of § 107(a)’s statutory criteria are satisfied ? 2. Does a bare declaratory judgment that determines liability but imposes no “costs” and awards no “damages” count as a “judgment … for recovery of such costs or damages” that trigger s the three -year statute of limitations for § 113(f) actions ?