Pennsylvania District Court Addresses Several Key Issues in Litigation of CERCLA Contribution Claims & Allocation of Response Costs
ABA Section of Environment, Energy and Resources
The U.S. District Court for the Western District of Pennsylvania issued a lengthy allocation opinion last month that addresses a number of key issues that frequently arise in litigation of CERCLA contribution actions.
In Trinity Industries, Inc. v. Greenlease Holding Co., the plaintiffs sought contribution under § 113 of CERCLA for costs plaintiffs incurred to remediate hazardous wastes generated in connection with railcar manufacturing operations at a facility previously owned by defendant. Following the Court’s decision on summary judgment that defendant was a liable party, the Court then conducted a bench trial to determine the equitable allocation of response costs incurred by plaintiffs.
Click here for link to full article as part of the ABA Section of Environment, Energy and Resources: Superfund and Natural Resource Damages Litigation Committee Regional Update.