ELR Citation: ELR 20775
No(s). 87-0030 C (E.D. Mo. Jan 29, 1990)

The court holds that interest on response costs and enforcement costs are recoverable under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107; that there is no right to a jury trial in actions for recovery of response costs under §107; that the government is not entitled to partial summary judgment on the issue of liability when the motion does not at least include proof of when the toxic substances were released and who owned the waste oil storage tanks at that time; that one defendant is not entitled to strike the other defendant's allegation that no contract existed for transfer of the tanks; and that the standard of review for the selection of response actions is limited under CERCLA §113(j) to the administrative record and the administrative action will be upheld unless it is arbitrary or capricious.

Counsel for Plaintiff
Joseph B. Moore, Ass't U.S. Attorney
414 U.S. Court & Custom House, 1114 Market St., St. Louis MO 63101
(314) 539-2200

Robert Foster
Land and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000

Counsel for Defendants
Bradford A. Brett
Brett & Erdel
103 W. Monroe, Mexico MO 65265
(314) 581-5280

J. Kent Lowry
Hendren & Andrae
Monroe House, 235 E. High St., P.O. Box 1069, Jefferson City MO 65102
(314) 636-8135

David A. Oliver, John L. Whiteside
Oliver, Walker, Carlton & Wilson
401 Locust St., P.O. Box 977, Columbia MO 65205
(314) 443-3134