Jump to Navigation
Jump to Content

APL Co. v. Kemira Water Solutions, Inc.

ELR Citation: 44 ELR 20047
Nos. 11 Civ. 1686, (S.D.N.Y., 02/25/2014) (Forrest, J.)

A district court held that a water treatment company who purchased ferrous chloride crystals is jointly and severally liable for cleanup costs incurred after the bags in which the crystals were originally packaged leaked during their transport from Taiwan to California. The court previously ruled that bags at issue are "facilities" for purposes of CERCLA liability and that the company is a PRP by virtue of being an operator of a facility (the bulk bags). In addition, there is no dispute that there was a release of a hazardous material from the bags and that the cargo carrier and its insurer incurred millions of dollars in costs responding to the release. The company therefore conceded that it was subject to some form of liability; however, it argued that its liability should be limited. But the expenses incurred by the carrier were both necessary and consistent with the NCP, and the company failed to meet its burden of showing that any portion of the costs for which it is solely responsible are divisible. The court therefore entered judgment in favor of the cargo carrier.