ELR Citation: ELR 20109
No(s). s. K-86-164, -167 (W.D. Mich. Jun 5, 1989)

The court approves a partial consent decree under the Comprehensive Environmental Response, Compensation, and Recovery Act (CERCLA), requiring a defendant at the Verona Well Field hazardous waste site in Battle Creek, Michigan, to reimburse the Environmental Protection Agency (EPA) and the state of Michigan for 75 percent of their response costs. Approximately 90 corporations that may incur liability for contamination at the site submitted amici curiae briefs opposing the decree. The court holds that the partial consent decree is fair and reasonable. First, the risk exists that the operator of two of the three facilities at the site may go bankrupt and minimizing of the potential for total liability by the defendant is fair. Second, §122(e) authorizes EPA to develop non-binding, preliminary allocations of responsibility for settlement purposes. While there has been no actual allocation evidence developed here, the evidence that does exist indicates that the defendant's liability would not exceed the 75 percent it has agreed to reimburse the governments. This decree resulted from good-faith arms'-length negotiations, will avoid further legal delays, and will reasonably function as CERCLA cost recovery actions were intended, particularly by replenishing the Superfund promptly.

The court holds that the partial consent decree is in the public interest and furthers CERCLA's goals. Settlements of CERCLA cases where defendants agree to reimburse the Superfund for past expenditures and to undertake work that would otherwise be funded with Superfund money are in the public interest, by preserving government resources in their efforts to clean up hazardous waste sites as quickly and cheaply as possible. Further, more favorable settlement terms should be available to responsible parties who come forward and settle early. The court holds that no hearing on apportioning responsibility is necessary and that the motions for using comparative fault are unripe.

Counsel for Plaintiffs
Julie Ann Woods, Ass't U.S. Attorney
399 Federal Bldg. & U.S. Courthouse, 110 Michigan St. NW, Grand Rapids MI 49503-2364
(616) 456-2404

Joel M. Gross, Steven J. Willey
Land and Natural Resources Division
U.S. Department of Justice, P.O. Box 7611 Ben Franklin Station, Washington DC 20044
(202) 633-2000

Robert P. Reichel, Ass't Attorney General
Law Bldg., Lansing MI 48913
(517) 373-1110

Counsel for Defendants
Charles E. Barbieri, John L. Collins
Foster, Swift, Collins & Coey
313 S. Washington Sq., Lansing MI 48933-2193
(517) 372-8050