ELR Citation: ELR 20135
No(s). s. 05-3147, -3153 (8th Cir. Jul 13, 2006)

The court upholds a lower court's assignment and apportionment of liability for certain cleanup costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) concerning the Vertac Chemical Plant site in Jacksonville, Arkansas. The lower court properly concluded that the site could not be separated into divisible geographic units for purposes of apportionment. In addition, the lower court's determination that one of the companies was liable as an arranger is not clearly erroneous. Last, the retroactive application of CERCLA to impose liability is not unconstitutional.

[Prior decisions in this litigation are published at 10 ELR 20709, 15 ELR 20002, 21 ELR 20925, 22 ELR 21210, 24 ELR 20760, 25 ELR 20491, 27 ELR 21351, and 29 ELR 21060.]