ELR Citation: ELR 20743
No(s). 91-0251-B (D. Me. Nov 8, 1993)

The court allocates responsibility for past and future cleanup costs and expenses under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), holding an electric utility and a supplier of electrical equipment, which both had disposed of electrical scrap equipment at the site in question, liable for 46.5 percent and 41 percent of incurred response costs, respectively, and former owners of the site liable for 12.5 percent of costs. The court holds that the supplier is not responsible for any expenses directly attributable to lead contamination, for which it bears no responsibility. The court balanced the equities in the context of the six Gore factors and in light of Congress' goals in enacting CERCLA. The court holds that all actions taken by the electric utility were consistent with the national contingency plan (NCP), because they were taken pursuant to the terms of a consent decree. The court also holds that the costs incurred by the utility before entering into the consent decree, including investigatory and monitoring costs, are recoverable because they were conducted in substantial compliance with the NCP. The court holds, however, that the utility's reimbursement of the U.S. Environmental Protection Agency (EPA) for costs EPA incurred in overseeing the utility's response action at the site are not recoverable, because they are not necessary. The court also holds the expenses of conducting solvent extraction testing, bench-scale studies, and a study that will result in net savings to the parties are recoverable as necessary response costs.

Counsel for Plaintiff
Mark L. Haley
Conley, Haley & O'Neil
30 Front St., Bath ME 04530
(207) 443-5576

Counsel for Defendants
Severin M. Beliveau
Preti, Flaherty, Beliveau & Pachios
45 Memorial Cir., P.O. Box 1058, Augusta ME 04332
(207) 623-5167