ELR Citation: ELR 20530
No(s). 00-2175 (6th Cir. Mar 13, 2002)

The court holds that a district court failed to obey a previous Sixth Circuit decision requiring the district court to determine the divisibility of recovery costs at a Superfund site and to use the standard set forth in United States v. Bestfoods, 524 U.S. 51, 28 ELR 21225 (1998), to determine if a municipality was liable as a Comprehensive Environmental Response, Compensation, and Liability Act operator. The court first holds that the district court failed to implement the previous court mandate. It merely stated conclusions as to the municipality's liability and about the divisibility of harm at the site. Consequentially, the district court's judgment is reversed and remanded. On remand, the district court must obey the standards set forth in the previous decision. The court also holds that the district court must hold an evidentiary hearing to allow the municipality to present new trial evidence as to the divisibility of the harm.

A prior decision in this litigation is published at 29 ELR 20045.]

Counsel for Plaintiff
John T. Stahr
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000

Counsel for Defendant
Edward V. Keelean
Williams, Mullen, Clark & Dobbins
535 Griswold St., 11th Fl., Detroit MI 48226
(313) 962-0643

Before Boggs, Moore, and Dowd,^* JJ.

* The Honorable David D. Dowd Jr., United States District Judge for the Northern District of Ohio, sitting by designation.