ELR Citation: ELR 20561
No(s). 83-C-2383 (D. Colo. Nov 27, 1985)

The court holds that defendant is liable to the state under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act for response costs and natural resource damage. The state's evidence of seepage from unlined waste disposal areas and of materials blowing from a pile containing hazardous waste establishes that there has been a release of hazardous substances from defendant's facility, and that there is a threat of further releases that has caused the state to incur response costs. At this time, the court declines to determine the extent of the damages and the scope of the state's right to recover for natural resource damage.

[An earlier opinion in this case appears at 16 ELR 20046.]

Counsel for Plaintiff
Robert A. Hykan, Ass't Attorney General
CERCLA Litigation Section
1 Civic Ctr. Plaza, 1560 Broadway, Suite 250, Denver CO 80203
(303) 866-3611

Counsel for Defendant
John Fognani
555 17th St., Suite 2900, Denver CO 80201
(303) 295-8000