ELR Citation: ELR 20647
No(s). 98-6209 (10th Cir. May 26, 2000)

The court grants a panel for rehearing to clarify factual statements from its May 2, 2000, opinion in which it upheld a district court decision finding a previous owner of an oil refinery liable under the Comprehensive Environmental Response, Compensation, and Liability Act for 15% of all past and future response costs and damages a subsequent owner incurred and will incur while investigating and remediating the site. The court clarifies that in its previous opinion it did not allocate 15% of the response costs to the previous owner based on the relative proportion of time it operated the refinery, but rather, on the relative period during which the refinery was operated while under the ownership of the previous owner.

[A prior decision in this litigation is published at 30 ELR 20554.]

Counsel for Plaintiff
John J. Lyons
Latham & Watkins
633 W. 5th St., Los Angeles CA 90071
(213) 485-1234

Counsel for Defendant
J. William Conger
Hartzog, Conger & Cason
201 Robert South Kerr Ave., Oklahoma City OK 73102
(405) 235-7000

Before McWilliams and Henry, JJ.