ELR Citation: ELR 20088
No(s). 3:CV-86-1591 (M.D. Pa. Jun 5, 1992)

The court imposes a $2,333,761 penalty under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) against potentially responsible parties (PRPs) for past U.S. response costs incurred at the Taylor Borough hazardous waste site near Scranton, Pennsylvania. Under a previous order, the PRP defendants were held jointly and severally liable for the unreimbursed response costs incurred by the United States in implementing the remedial action. The court first holds that defendant PRPs' claim that they will be deprived of due process without a hearing is extraneous to the court's determination on the government's motion for summary judgment on damages. The court rejects defendant PRPs' argument that they should have been designated de minimis defendants, because arguments about the quality of the PRPs' conduct should have been raised during the liability stage. However, even if the court were to address that liability issue, no evidence exists that the harm to the Taylor site is divisible among the PRPs. Next, the court holds that the defendant PRPs have not submitted any evidence that creates a genuine issue of material fact, sufficient to preclude summary judgment for the government, about the manner in which the response costs and related amounts were incurred. Finally, the court holds that the evidence shows that the response costs incurred at the site are consistent with the CERCLA national contingency plan, and the government is entitled to recover them.

[The liability phase of this litigation is published at 22 ELR 20764.]

Counsel for Plaintiff
W. Benjamin Fisherow, Steven R. Baer
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000

Counsel for Defendants
Brian J. Cali, Robert A. Cecchini
103 E. Drinker St., Dunmore PA 18512
(717) 344-2029