United States Fourth Circuit

In a cost recovery action against defendant under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), for cleanup of hazardous substances at a former fertilizer manufacturing site, judgment finding defendant a potentially responsible party (PRP) jointly and severally liable for response costs at the site, and plaintiff and other third party cross-defendants PRP, each liable for an allocated portion of the site's response costs, is affirmed, where the district court did not err: 1) in its finding of potentially responsible parties; 2) in finding that the harm at the site is not subject to apportionment; and 4) in its equitable allocation of liability for the response costs to the PRPs.

Appellate Information

• Decided 04/04/2013
• Published 04/04/2013

Judges

• MOTZ

Court

• United States Fourth Circuit

Counsel