The 9th Circuit Court of Appeals has reversed a District Court decision allocating 100% of CERCLA response costs at a San Diego Superfund site to TDY Holdings, which operated an aeronautical manufacturing plant from 1939 to 1999. TDY has sought contribution from the United States, which was the source of the vast majority of TDY’s business, and which directed TDY to use certain hazardous substances,… More
Tag Archives: Gore factors
Cutting Through the Gordian Knot of Allocation: If You Were Bad, You Lose
In late 2009, Judge Griesbach ruled, in Appleton Papers v. George A. Whiting Paper, that parties who were significantly more “blameworthy” than others were not entitled to contribution from the less blameworthy parties. Last week, Judge Griesbach ruled on the cross-contribution motions from the defendants.
The defendants took a simple view. If the plaintiffs are not entitled to contribution from the defendants,… More
Superfund Contribution Actions: Bad Guys Need Not Apply
Last week, Judge William Griesbach, of the Federal District Court for the Eastern District of Wisconsin, issued an important Superfund contribution decision, which shows just how much equitable discretion judges have in resolving contribution claims. In Appleton Papers v. George Whiting Paper, Judge Griesbach ruled, on summary judgment, that one equitable factor, knowledge of the potential environmental harm caused by PCBs, trumped all others,… More