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Advance Circuits, Inc. v. Carriere Properties

Citation: 17 ELR 20959
No. Nos. 84-3316, -4591, (Minn. Dist. Ct., 02/18/1987)

In a contribution action under the Minnesota Environmental Response and Liability Act, the court holds the owners and operators of two contaminated recycling facilities liable for 70 percent of the costs incurred by 13 generators in cleaning up the sites. The court finds that defendants' actions were the substantial cause of the release, and that defendants were completely responsible for the care of the wastes, were uncooperative with the government, and were aware of the hazardous nature of the substances accepted for treatment. The court also finds that plaintiff generators contributed to the release only by relying on defendants' representations and cooperated fully with the government. The court concludes that plaintiffs have incurred response costs, that these costs have been authorized by the state, that defendants are responsible parties liable for plaintiffs' response costs, and that plaintiffs have a right of apportionment and contribution from defendants. Based on the equitable factors, the court holds defendants liable for 70 percent of the cleanup costs and plaintiffs liable for 30 percent.

[The Minnesota Environmental Response and Liability Act is described at 15 ELR 10109.]

Counsel for Plaintiffs
Robert E. Cattanach Jr.
Oppenheimer, Wolff & Donnelly
1700 First Bk. Bldg., St. Paul MN 55101
(612) 223-2500

Counsel for Defendants
Brian W. Carriere, pro se
765 Front Ave., St. Paul MN 55103