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Keywords

settlementplaintiffdefendantlitigationmotion

settlementplaintiffdefendantmotionwill

Related Cases

U.S. v. Cannons Engineering Corp., 720 F.Supp. 1027, 30 ERC 1675, 20 Envtl. L. Rep. 20,159

Facts

The plaintiffs, including the United States and the states of Massachusetts and New Hampshire, sought to recover costs related to four hazardous substance disposal sites. They alleged that 84 defendants were liable for cleanup costs due to their roles as owners, operators, generators, or transporters of hazardous substances. The proposed consent decrees involved 59 defendants agreeing to undertake remedial actions and pay significant sums to reimburse the plaintiffs for past environmental response costs.

Issue

The main legal issues were whether the proposed consent decrees were fair and reasonable and whether the court should approve them despite opposition from non-settling defendants.

The non-settling defendants challenge the Major PRP Consent Decree only on the basis of fairness and do not oppose approval of the De Minimis PRP Consent Decree.

Rule

The court applied the legal principles governing consent decrees under CERCLA, which require that settlements be fair, reasonable, and consistent with public interest and statutory mandates.

In order to approve a consent decree, the court must determine that the settlement is fair, reasonable, and consistent with the Constitution and the mandate of Congress.

Analysis

The court analyzed the proposed consent decrees in light of the strong policy favoring voluntary settlements, particularly those negotiated by the Department of Justice on behalf of a federal agency like the EPA. It determined that the settlements adequately addressed the environmental hazards and were consistent with CERCLA's goals of expediting cleanup and minimizing litigation. The court also noted that the settling defendants accepted the risk of future costs and liabilities.

The court's proper role in determining whether a proposed settlement should be approved was succinctly stated in City of New York: In assessing [the above factors], however, the Court's role is not unlimited. Settlements are to be encouraged and the court does not “have the right or the duty to reach any ultimate conclusions on the issues of fact and law which underlie the merits of the dispute.”

Conclusion

The court concluded that the plaintiffs' motions for entry of the two partial consent decrees as final judgments were allowed, and the motions to dismiss cross-claims from non-settling defendants were also granted.

For the reasons stated in this opinion, plaintiffs' Motions for Entry of Two Partial Consent Decrees as Final Judgments will be allowed.

Who won?

The plaintiffs, including the United States, Massachusetts, and New Hampshire, prevailed in the case as the court approved the consent decrees they sought.

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United States Auto Sec. v. Morrison, Not Reported in Cal.Rptr.3d, 2004 WL 363384

E.W. Bliss Co. v. United States Incandescent Gaslight Co., nan

Juliana v. United States, 947 F.3d 1159, 20 Cal. Daily Op. Serv. 417, 2020 Daily Journal D.A.R. 315

Duke Power Co. v. Carolina Environmental Study Group, Inc., 438 U.S. 59, 98 S.Ct. 2620, 57 L.Ed.2d 595, 11 ERC 1753, 8 Envtl. L. Rep. 20,545

Romero-Barcelo v. Brown, 643 F.2d 835, 16 ERC 1593, 11 Envtl. L. Rep. 20,391