ELR Citation: ELR 21361
No(s). s. 91-1847, -2216 (7th Cir. Jul 30, 1992)

The court holds that a trucking company is not entitled to contribution from a waste disposal firm under §113(f) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for the cleanup costs of a spill of polychlorinated biphenyls (PCBs) that resulted when a company truck carrying PCB-laden electrical transformers drove off a highway. On cross-motions for summary judgment, the district court held that the waste disposal company contracting for the shipment of the transformers was liable under CERCLA, but allocated the total cost of cleanup to the trucking company after determining that there was no issue of material fact as to whether the accident was entirely the fault of the trucking company's driver. The court rules that in making an equitable allocation of cleanup costs, a court may consider any factors appropriate to balance the equities in the totality of the circumstances. The court holds that the disposal company's shipment met U.S. Department of Transportation regulations concerning the transportation of hazardous materials, and that the disposal company complied with relevant regulations of the U.S. Environmental Protection Agency. The court holds that there is no genuine issue of material fact concerning who caused the accident, because the record contains admissions by the trucking company's driver and its vice-president that the accident that caused the PCBs to spill was entirely the fault of the trucking company. The court notes that neither party submitted evidence supporting equitable factors besides fault, which the district court could have considered in making its allocation decision.

Counsel for Plaintiffs-Appellants
William Pettigrew
Neimeyer, Noland & Alexander
300 N. Walker St., Oklahoma City OK 73102
(405) 232-2725

Counsel for Defendants-Appellees
Gabriel Rodriguez
Schiff, Hardin & Waite
7200 Sears Tower, Chicago IL 60606
(312) 258-5682

Before COFFEY and KANNE, Circuit Judges, and WOOD, JR., Senior Circuit Judge.