ELR Citation: ELR 21577
No(s). 1:88 CV 72 SNL (E.D. Mo. Jun 23, 1995)

The court holds that plaintiff, the current owner of a cobalt mine, is liable for 20 percent of the costs of cleaning up the mining site, and defendant, a past owner and operator of the site, is liable for 80 percent of such costs. The court first holds that all the elements of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) liability have been met. Defendant qualifies as a past owner and operator under CERCLA §107(a) (2), the parties cannot dispute that a release occurred as defined by §101(22), and the material at issue is hazardous as defined by the statute. The court finds that the site poses a significant threat to human health and the environment and rejects defendant's argument that its waste did not cause the cleanup. An imminent release is enough to trigger CERCLA coverage. The court holds that strict compliance with the national contingency plan (NCP) is not required, because regulations call for substantial compliance and decisions in the circuit have followed that standard. The court further holds that plaintiff's remedial actions have been done in accordance with the NCP and CERCLA §101(23) and (24). Thecourt holds that the parties must contain the contaminants in the most cost-effective way that will eliminate future problems with runoff contamination into waterways or the neighboring land and town, but must take into account the remote location of the site and lack of immediate population. Turning to liability allocation, the court notes that plaintiff has only owned the facility for a short time and its operations of the facility were minimal, but defendant extracted the contaminants that represent the bulk of the hazardous waste. The court holds defendant liable for 80 percent, and plaintiff liable for 20 percent, of the costs of past, present, and future cleanup efforts. Finally, the court awards plaintiff all reasonable fees in connection with the litigation.

Counsel for Plaintiff
Norella Huggins, George D. Martin
Armstrong, Teasdale, Schlafly & Davis
One Metropolitan Sq., St. Louis MO 63102
(314) 621-5070

Counsel for Defendant
John L. Oliver Jr., J. Fred Waltz
Oliver, Oliver & Waltz
400 Broadway, Cape Girardeau MO 63702
(314) 355-8278