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Kennedy Bldg. Assocs. v. CBS Corp.

ELR Citation: 39 ELR 20186
Nos. No. 07-3622, (8th Cir., 08/18/2009) Affirmed

The Eighth Circuit affirmed a lower court order holding that a company substantially complied with a state's remediation plan for cleaning up PCB contamination at a hazardous waste site. The company's predecessor-in-interest operated an electrical transformer repair facility on the subject property, which led to significant PCB contamination. The company was held liable under CERCLA and the Minnesota Environmental Response and Liability Act and ordered to clean up the contamination. Roughly 10 years later, the lower court modified the underlying injunction, finding that no further relief was necessary. The lower court did not err in finding that no further relief was necessary since there was substantial evidence that the company completed the remediation plan required by the state. In addition, the lower court properly denied the current property owner's motion to increase the bond posted by the defendant-company to cover the cost of future remediation since the motion was untimely. But the court remanded the order for clarification and/or reconsideration of the owner's motion for $59,448.61 in response costs.

[A prior decision in this litigation can be found at 39 ELR 20033.]