The Second Chem-Dyne Settlement

July 1985
Citation:
15
ELR 10208
Issue
7
Author
David B. Graham

Editors' Summary: Of the major pathways now being followed in the implemetation of hazardous waste cleanups under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), several have been charted at one site, Chem-Dyne Corporation's Hamilton, Ohio facility. Chem-Dyne was the subject of the first multi-party CERCLA negotiation, in which state and federal agencies squared off against hundreds of companies whose wastes allegedly cluttered the site. It was the subject of the first court ruling on the lynchpin of the federal government's legal theory about liability under CERCLA—that waste generators are jointly and severally liable. In June 1985, Chem-Dyne became the subject of one of the first settlements governing soil removal and groundwater purification at a multi-generator site. Mr. Graham, who has been intimately involved in the Chem-Dyne proceedings from the first, describes the avenues by which the governments and generators reached the second settlement. He argues for a surface-cleanup-first approach to major CERCLA cases, and recommends that potentially responsible parties and government agencies take a more cooperative stance so as to avoid litigation, which costs millions and delays cleanup.

David B. Graham is a partner in the firm of Freedman, Levy, Kroll & Simonds in Washington, D.C. As Chairman of the Steering Committee of the settling companies in the first Chem-Dyne settlement, and as the attorney representing the company believed to have the largest volume of substances at the site, he has devoted a large share of his recent professional life to the negotiations discussed in this Article.

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