ELR Citation: 45 ELR 20202
No(s). 10-C-910 (E.D. Wis. Oct 19, 2015) (Griesbach, J.)

A district court granted a motion to reconsider its prior decision that a PRP established the divisibility defense and, therefore, should not be jointly and severally liable for cleanup costs at the Lower Fox River Superfund site in Wisconsin, and held that the PRP had not, in fact, established the defense. In light of unreliable evidence and testimony presented, including flaws in the apportionment model, the court held that the PRP failed to meet its burden to demonstrate that the harm is theoretically capable of divisibility and that there is a reasonable basis for apportionment. United States v. NCR Corp., No. 10-C-910, 45 ELR 20202 (E.D. Wis. Oct. 19, 2015) (Griesbach, J.).