ELR Citation: ELR 20361
No(s). 00-1774 (6th Cir. Dec 18, 2001)

The court affirms a district court decision finding an automotive parts manufacturer liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for discharging polychlorinated biphenyls (PCBs) inito a river but declining to allocate any response costs to the manufacturer. A group of paper manufacturers, found by the U.S. Environmental Protection Agency (EPA) and the state environmental agency to be liable under CERCLA for the contribution of PCBs into the river, brought suit against the manufacturer for contribution under CERCLA. The court first holds that although the district court determined that the manufacturer was liable under CERCLA after finding that the manufacturer released PCBs in measurable or detectable quantities, this finding did not obligate the district court to allocate response costs to the manufacturer irrespective of the court's specific analysis of the relative amount of PCBs released by the manufacturer versus the group. A holding of potential liability does not preclude a zero allocation of response costs. Rather, in allocating these costs, a district court may consider any equitable factors it deems appropriate. The court also holds that the district court did not err in finding that the manufacturer had released an inconsequential amount of PCBs in comparison to the amount of PCBs released by the members of the group. The court next holds that the district court did not err in determining that the factors concerning the relative toxicity of the PCBs released by the parties and the cooperation of the parties with the regulatory authority did not favor any particular allocation of response costs.

[Prior decisions in this litigation are published at 28 ELR 21139, 29 ELR 21003, and 31 ELR 20169.]

The full text of this decision is available from ELR (9 pp., ELR Order No. L-409).

Counsel for Plaintiff
Jerome T. Wolf
Sonnenschein, Nath & Rosenthal
4520 Main St., Ste. 1100, Kansas City MO 64111
(816) 932-4400

Counsel for Defendants
Daniel P. Perk
Miller, Johnson, Snell & Cummiskey
250 Monroe Ave. NW, Ste. 800, Grand Rapids MI 49503
(616) 831-1700