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Agere Sys. Inc. v. Advanced Envtl. Tech. Corp.

ELR Citation: 38 ELR 20230
Nos. No. 02-3830, (E.D. Pa., 08/28/2008)

A district court held a potentially responsible party (PRP) liable for 80% of past and future response costs incurred at the Boarhead Farms Superfund site in Pennsylvania. Although the PRP's volumetric share of waste disposed at the site was 62%, the court added 8.7% for dealing with a known polluter plus an additional 8.7% for failing to cooperate with the U.S. Environmental Protection Agency. The PRP was therefore ordered to pay plaintiffs $10,942,702.84 in response costs incurred through 2007, plus 80% in future response costs.