ELR Citation: ELR 20809
No(s). 82-0983-CV-W-5 (W.D. Mo. Jul 20, 1984)

The court issues a pretrial order to simply management of a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §106 abatement action. First, the court appoints liaison counsel for four classes of defendants (the number of defendants in each is identified parenthetically): original defendants (seven), governmental third-party defendants (14), insurance company third-party defendants (154). The court directs liaison counsel to perform certain administrrative functions, such as serving as spokepersons at pretrial conferences and receiving and distributing documents. They are not to represent members of the group who are not their clients. The court bifurcates the action, calling for separate trials on (1) the government's claim for injunctive relief as well as all other claims relating to that relief, and (2) the plaintiff's claim for response costs under CERCLA §§104 and 107(a) and all pending claims for apportionment. The court sets a schedule for proceedings on injunctive relief and states principles to govern discovery.

[Related decisions are published at 14 ELR 20207 and 14 ELR 20809.]

The full text of this decision is available from ELR (5 pp. $1.25, ELR Order No. C-1329.