Sand Springs Home v. Interplastic Corp.
Citation: 17 ELR 20775
No. No. 86-C-85-B, 670 F. Supp. 913/25 ERC 2127/(N.D. Okla., 03/03/1987)
The court rules that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) provides for joint and several liability among responsible parties and that there is a private right of contribution under CERCLA. The court first rules that CERCLA provides for joint and several liability among responsible parties. Thus, the court holds that the owner of a hazardous waste site that incurred response costs pursuant to an Environmental Protection Agency administrative cleanup order may bring an action to collect cleanup costs from the alleged generators of the hazardous waste. The court next rules that there is a private right of contribution among responsible parties under CERCLA where joint and several liability is established. Finally, the court rules that the standard for contribution under CERCLA is that contained in Restatement Second of Torts § 886A.
Counsel for Plaintiff
William C. Anderson, Jim McCann
Doerner, Stuart, Saunders, Daniel & Anderson
1000 Atlas Life Bldg., Tulsa OK 74103
Counsel for Defendant
Richard M. Klinge
Holloway, Dobson, Hudson & Bachman
Suite 900, One Leadership Sq., 211 N. Robinson Ave., Oklahoma City OK 73102