ELR Citation: ELR 20526
No(s). 88-2860 (5th Cir. Jan 23, 1990)

The court clarifies its earlier decision, which held that the buyer of a phosphate fertilizer plant has established a prima facie case for liability in a private Comprehensive Environmental Response, Compensation, and Liability Act cost recovery action against the seller. The court rejects petitioner's argument that, whereas the Environmental Protection Agency's inactive tailings standards apply only to off-pile areas, the district court's finding of liability based on radiation at both the pile itself and the off-pile inactive tailings sites should be reversed. Specific liability questions will be resolved during the remedial phase of trial after the district court has determined which standards will govern the cleanup effort. Additionally, the court corrects an error in its earlier decision.

[The court's prior decision is published at 20 ELR 20281.]

Counsel for Plaintiff-Appellant
Edward Warren
Kirkland & Ellis
655 15th St. NW, Ste. 1200, Washington DC 20005
(202) 879-5000

Counsel for Defendant-Appellee
Thomas W. Hill
Emens, Hurd, Kegler & Ritter
Capitol Sq., 65 E. State St., Columbus OH 43215
(614) 462-5400

Before BROWN, REAVLEY, and HIGGINBOTHAM, Circuit Judges.