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United States v. South Carolina Recycling & Disposal, Inc.

Citation: 17 ELR 20847
No. No. 80-1274-6, 653 F. Supp. 984 at 1013/24 ERC 2015/(D.S.C., 08/14/1986) Final order

The court awards the United States and South Carolina the costs for their surface removal actions at the Bluff Road site under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). After adding certain supplemental costs incurred by plaintiffs since the court's November 22, 1985 order, the court determines that defendants are jointly and severally liable to the United States for $1,561,134.55 and to South Carolina for $252,489.46. The court holds that the claims for injunctive relief under CERCLA § 106 are moot because the removal actions have been completed. The court holds that its order is final only for claims arising from the surface removal actions. Plaintiffs may therefore file claims relating to remedial actions in a separate action.

[Other decisions in this litigation are published at 14 ELR 20272 and 20895, and 17 ELR 20843 and 20845.

Counsel are listed at 17 ELR 20843.