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Garrett Day LLC v. Int'l Paper Co.

ELR Citation: 47 ELR 20027
Nos. 3:15-cv-36, (S.D. Ohio, 02/15/2017) (Rice, J.)

A district court permitted a contribution suit under CERCLA against a paper company to proceed in a case involving a site in Dayton, Ohio. The site was allegedly contaminated with numerous hazardous chemicals that were used in the paper-making process over the course of 100 years. A commercial property development company, along with the city of Dayton, incurred $1.7 million in cleanup costs and sought contribution from a paper company under a successor liability theory for releases that occurred from 1972-1992. The defendant company contended that it was not responsible for releases before 1991 when it acquired another paper company, and that it acquired only the assets of the previous company but not the entire business. The court believed that the factual allegations were sufficient to put the defendant on notice of the claims against it and that it could challenge the theories during discovery. The claim for successor liability was allowed to proceed.