Federal District Court Rejects Divisibility of Harm Defense, Imposing Joint and Several Liability in CERCLA Action
December 31, 2023
Dylan G. LaMorte
MGKF Litigation Blog
On December 6, 2023, in Short Creek Development v. MFA Incorporated, No 22-05021, 2023 WL 8452430 (W.D. Mo. Dec. 6, 2023), a Federal District Court in Missouri held that Defendant Missouri Farmers Association, Inc. ("MFA") failed to demonstrate that a divisibility of harm exception to the rule of joint and several liability should be applied in apportioning responsibility to pay for the cleanup costs at a fertilizer plant. The case underscores the challenges associated with establishing divisibility of harm in a CERCLA action.
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