ELR Citation: ELR 20921
No(s). 87-3333-CV-S-4 (W.D. Mo. Oct 24, 1989)

The court awards a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) plaintiff pre- and post-filing attorney fees, expenses, and prejudgment interest. The court holds that attorney fees are properly recoverable by CERCLA plaintiffs as response costs. The court finds that the plaintiff submitted a reasonable itemization of attorney fees and costs incurred in a complex CERCLA litigation. The court also finds that the plaintiff submitted a reasonable request for services performed prior to the filing of this suit, involving administrative proceedings before state administrative agencies. The court holds that the "costs of response" recoverable under CERCLA §107(a)(4)(B) include enforcement activities related to removal or remedial action, including pre-filing attorney fees. The court also approves expenses incurred before and after filing suit for air courier, computer research, depositions, facsimile transmissions, and long-distance telephone calls. Finally, the court grants plaintiff's request for prejudgment interest on the attorney fees and expense awards, calculated to accrue from the date the plaintiff made written demand for its response costs.

Counsel for Plaintiff
James L. Moeller, William F. Ford
Gage & Tucker
2345 Grand Ave., P.O. Box 418200, Kansas City MO 64141
(816) 474-6460

Counsel for Defendant
Mathew W. Placzek
Joyner, Placzek & Francis
1722 S. Glenstone, Ste. J, Springfield MO 65804
(417) 887-7229