ELR Citation: 42 ELR 20107
No(s). S-00-113 LKK/JFM (E.D. Cal. May 9, 2012) (Karlton, J.)

A district court awarded a company $140,500.72 in costs stemming from an underlying CERCLA case. The company was a prevailing party in the underlying action and is therefore entitled to the costs it seeks. The defendant argued that due to the complexity and difficulty of the case, its good faith defense, and the court's equitable apportionment of the costs between the parties, the company should not be awarded all of its taxable costs. But the defendant's proffered reasons for denying costs were not sufficiently persuasive to overcome the presumption in favor of an award. Moreover, no severe injustice will result from an award of costs in this case.