32 ELR 20476 -- United States v. Consolidation Coal Co.

United States v. Consolidation Coal Co.

Nos. C-2-94-248; C-2-94-785 (184 F. Supp. 2d 723) (UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO January 31, 2002)

ELR Digest

The court holds that a chemical company is liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for 6% of past and future response costs incurred and to be incurred in connection with the Buckeye Reclamation Landfill site near St. Clairsville, Ohio. The court first holds that the company arranged for the disposal of hazardous substances at the landfill and, therefore, is a liable party under CERCLA. The court also holds that the company's share of the response costs is 6%. There are four groups of potentially responsible parties (PRPs) for purposes of allocating responsibility, and the industrial generator and transporter group, which includes the chemical company, are responsible for 60% of past and future response costs. As compared to this group, the chemical company's share is 5%. Therefore, the company's net share of cleanup costs is 3%. However, the company did not meaningfully cooperate in any phase of the CERCLA process even though it was given ample opportunity to do so. Because the lack of cooperation was so persistent, pervasive, and unjustified, the court doubled the company's share of response costs from 3% to 6%. The court also rejects the company's argument that a PRP's contribution claim against it is barred under § 4(b) of the Uniform Comparative Fault Act (UCFA). Although a settlement agreement between the PRP and the owner of the property did not extinguish the owner's potential claims against the chemical company, CERCLA does not condition the right of contribution upon compliance with § 4(b) of the UCFA.

The full text of this decision is available from ELR (29 pp., ELR Order No. L-446).

Counsel for Plaintiff
Joel L. Lennen
Eckert, Seamans, Cherin & Mellott
600 Grant St., 44th Fl., Pittsburgh PA 15219
(412) 566-6000

Counsel for Defendant
Daniel M. Darragh
Buchanan & Ingersoll
301 Grant St., 20th Fl., Pittsburgh PA 15219
(412) 562-8800

[OPINION OMITTED BY PUBLISHER IN ORIGINAL SOURCE]