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

Citation: 17 ELR 20843
No. No. 80-1274-6, 653 F. Supp. 984 at 1006/(D.S.C., 11/22/1985) Summary judgment for gov't's response costs granted

The court awards the United States and South Carolina the costs for their removal action at the Bluff Road site under the Comprehensive Environmental Response, Compensation, and Liability Act. The court holds that defendants are liable to the United States for cleanup costs and administrative, investigative, and legal expenses, and are liable to South Carolina for administrative expenses not reimbursed by the federal government. The court refuses to award plaintiffs prejudgment interest where there is no evidence that defendants have been recalcitrant, deceptive, or unreasonable. The court holds that defendants are jointly and severally liable to the United States for $1,065,910.92 and to South Carolina for $93,000.

[Other decisions in this litigation are published at 14 ELR 20272 and 20895, and 17 ELR 20845, [second opinion] and 20847.]

Counsel for Plaintiff
F. Henry Habicht II
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2701

Counsel for Defendant
Reece Williams
Robinson, McFadden, Moore, Pope, Williams, Taylor & Brailsford
Suite 600, Jefferson Sq., P.O. Box 944, Columbia SC 29202
(803) 779-8900