ELR Citation: ELR 21062
No(s). 89-2236 (6th Cir. May 9, 1991)

The court holds that a district court properly apportioned approximately $300,000 in costs in a contribution action under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), with two-thirds of the liability to be borne by the corporate lessee of the contaminated site and its principal shareholder, and the remaining one-third to be borne by the property owner. The court holds that the trial judge was well within the broad discretion afforded by CERCLA in considering not only the landowner's contribution to the toxic slough in a technical causative sense, but also its moral contribution as the owner of the site. The court holds that under CERCLA §113(f)(1), the court may consider any factor it deems in the interest of justice in allocating contribution recovery.

[The district court's decision is published at 20 ELR 20200.]

Counsel for Appellant
Susan J. Bradley
Smith, Haughey, Rice & Roegge
200 Calder Plaza, Grand Rapids MI 49503
(616) 774-8000

Counsel for Appellee
Miles J. Murphy
Cholette, Perkins & Buchanan
99 Monroe Ave. NW, Ste. 900, Grand Rapids MI 49503
(616) 774-2131

Before: GUY and BOGGS, Circuit Judges; and BERTELSMAN, District Judge.^*