ELR Citation: ELR 21277
No(s). 92-2968 (8th Cir. May 20, 1993)

The court holds that the district court's factual finding that there had been no release or threat of release of hazardous substances from a site on the National Priorities List was not clearly erroneous in an action by citizens residing near a former Superfund site for response costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) or damages for diminution of property values. The court holds that although there is no minimum quantitative requirement to establish a release or threat of a release of a hazardous substance under CERCLA, the lower court's finding of no release or threat of release of a hazardous substance based on the acceptance of the testimony of appellee's expert witness over the appellant's witness was not clearly erroneous. Therefore, the owners of the property near the Superfund site are not entitled to damages or response costs, because there is no CERCLA liability unless the factual inquiry reveals some quantitative level of release posing a threat to the public or the environment that justifies any response action.

Counsel for Plaintiffs-Appellants
Robert Ridgeway Sr.
127 Hawthorne St., Hot Springs AR 71901
(501) 321-1551

Counsel for Defendants-Appellees
William P. Thompson
Thompson & Llewellyn
412 S. 18th St., P.O. Box 818, Fort Smith AR 72902
(501) 785-2867

Before McMILLIAN, MAGILL, and LOKEN, Circuit Judges.