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Keywords

defendantdamagesliabilitymotionsummary judgmentjoint and several liabilitycommon lawsuperfundhazardous waste

defendantliabilitymotionsummary judgmentjoint and several liabilityhazardous waste

Related Cases

U.S. v. Chem-Dyne Corp., 572 F.Supp. 802, 19 ERC 1953, 70 A.L.R. Fed. 314, 13 Envtl. L. Rep. 20,986

Facts

The United States sued 24 defendants who allegedly generated or transported hazardous substances to the Chem-Dyne treatment facility, seeking reimbursement for superfund money spent on remedial actions. The defendants moved for an early determination of their liability under CERCLA, arguing that they should not be held jointly and severally liable for the cleanup costs. The court noted that the Chem-Dyne facility contained hazardous waste from 289 generators, with unresolved issues regarding the mixing of wastes and the identification of responsible parties.

The Chem-Dyne facility contains a variety of hazardous waste from 289 generators or transporters, consisting of about 608,000 pounds of material.

Issue

Whether the defendants are jointly and severally liable for the cleanup costs at the Chem-Dyne facility under CERCLA.

The defendants have moved for a determination of the scope of liability under CERCLA, 42 U.S.C. § 9607 which is a matter of first impression to this Court.

Rule

The court applied the principles of liability under CERCLA, which allows for joint and several liability in cases of indivisible harm, while also considering the common law principles regarding apportionment of damages.

The liability section lists the classes of persons potentially liable under the Act for the costs incurred by government removal or remedial action.

Analysis

The court found that the defendants had not met their burden of proving that the harm caused at Chem-Dyne was divisible. The presence of hazardous waste from multiple generators and the complexities involved in determining the source and impact of the waste raised significant factual questions. As such, the court concluded that summary judgment was inappropriate due to the unresolved issues of fact regarding the nature of the harm and the potential for apportionment.

The defendants have not carried their burden of demonstrating the divisibility of the harm and the degrees to which each defendant is responsible.

Conclusion

The court denied the defendants' motion for partial summary judgment, concluding that there were genuine issues of material fact concerning the divisibility of harm and any potential apportionment.

The Motion of defendants is essentially a Motion for a Partial Summary Judgment on the issue of joint and several liability.

Who won?

The United States prevailed in the case as the court denied the defendants' motion for partial summary judgment, allowing the case to proceed.

The court hereby DENIES defendants' Motion for Partial Summary Judgment.

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