United States v. Conservation Chemical Co.

No. 82-0983-CV-W-5 (W.D. Mo. July 20, 1984)

ELR Digest

The court appoints a special master pursuant to Fed. R. Civ. P. 53 to assist in management of discovery and resolution of factual issues in an abatement action under § 106 of the Comprehensive Environmental Response, Compensation, and Liability Act. After reviewing applicable case law, the court rules that appointment of a master is warranted because of the urgent need for resolution of the public health threat, which will not be eliminated until this injunctive action is completed; the complex scientific and technical analysis needed to establish and apportion liability; the large number of parties; and the vast amount of evidence. The court empowers the master to conduct proceedings to resolve the issues concerning the scope and apportionment of liability, make findings of fact and conclusions of law, and carry out functions necessary to achieve these ends expeditiously. The court appoints Professor Robert Freilich master and sets his compensation at $175 per hour.

[Related decisions are published at 14 ELR 20207 and 14 ELR 20809.]

The full text of this opinion is available from ELR (9 pp. $1.75, ELR Order No. C-1330).

Counsel are listed at 14 ELR 20207.

[OPINION OMITTED BY PUBLISHER IN ORIGINAL SOURCE]