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Apportionment

PCS Nitrogen Inc. v. Ashley II of Charleston LLC

The Fourth Circuit affirmed a lower court decision allocating response costs to various PRPs in connection with the cleanup of hazardous substances at a former fertilizer manufacturing site in Charleston, South Carolina. After incurring...

Board of County Commissioners v. Brown Group Retail, Inc.

A district court dismissed a county's RCRA action against the former owner of contaminated property, but held that the former owner was liable to the county under CERCLA. The county purchased the property, a former rifle lens...

Litgo New Jersey, Inc. v. Martin

A district court modified its equitable allocation of costs under §113 of CERCLA and the New Jersey Spill Act in connection with a site contaminated with TCE and other hazardous substances. The court originally allocated 65% of costs to...

Tosco Corp. v. Koch Indus., Inc.

The court grants a panel for rehearing to clarify factual statements from its May 2, 2000, opinion in which it upheld a district court decision finding a previous owner of an oil refinery liable under the Comprehensive Environmental...

Tosco Corp. v. Koch Indus., Inc.

The court affirms a district court decision holding the former owner of an abandoned refinery responsible under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for 15 percent of all past and future...

Browning-Ferris Indus. of Ill., Inc. v. Ter Maat

The court holds that a defendant-operator company and a defendant-transporter company are liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for costs incurred in cleaning up the MIG/De Wane...

Ekotek Site PRP Comm. v. Self

The court holds that a potentially responsible party (PRP) must pay 1 percent of the past and future response costs incurred during the cleanup of a contaminated site in Salt Lake City, Utah, by a committee of PRPs under the...