Dividing CERCLA Site Just Won't Cut It On Liability
Law360, New York (March 27, 2015, 2:39 PM EDT) -- In an order on March 3, U.S. District Judge William C. Griesbach, who is presiding over the long-running Comprehensive Environmental Response, Compensation, and Liability Act litigation concerning the Lower Fox River and Green Bay Superfund Site, reversed his prior ruling that NCR Corp. is not liable for response costs incurred at operable unit one of the site, located upstream of any facilities from which NCR discharged polychlorinated biphenyls. See Appvion Inc. v. P.H. Glatfelter Co., Case No. 08-C016 (E.D. Wisconsin, March 3, 2015). The court's order, adopting the Seventh Circuit's rationale in a related case, confirms that a potentially responsible party cannot escape liability based on the U.S. Environmental Protection Agency dividing a site into operable units....
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