ELR Citation: ELR 21173
No(s). 4:88-cv-75-HLM (N.D. Ga. Jun 21, 1990)

The court holds that a defendant found liable for punitive damages under §107(c)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for failing to comply with an Environmental Protection Agency administrative order is not entitled to a new trial. The court first rejects defendant's motion, asking the court to recuse itself based on its alleged bias. The judge's statements that defendant found objectionable were directed at the evidence and not at defendant personally, and were not obtained from an extrajudicial source. The court next holds that defendant isnot entitled to a new trial. Although a court has discretion under CERCLA §107(c)(3) whether to impose punitive damages, the court properly directed a verdict for the government because defendant had not shown a factual basis for an equitable exception from punitive damages. The court holds that the government is not entitled to punitive damages plus the response costs under §107(c)(3), since this case was brought for reimbursement of response costs and not to replenish the Superfund under §112(c).

[Previous decisions in this litigation are published at 19 ELR 21420 and 21423.]

Counsel for Plaintiff
Daniel Caldwell
U.S. Attorney's Office for the Northern District of Georgia
1800 Richard Russell Bldg., 75 Spring St., Atlanta GA 30335
(404) 331-6954

Murphy, J.: