United States Fifth Circuit

In "apportionment" actions under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) section 107 and "contribution" actions under CERCLA section 113 regarding the allocation of costs for the cleanup of a hazardous waste dump, district court's order allocating liability among the parties is affirmed in part where: 1) the use of Monte Carlo analysis to measure waste volume in this case did not differ meaningfully from any other Monte Carlo application; and 2) there was sufficient evidence that defendant dumped waste in the locations at issue. However, the order is reversed in part where the district court erred by admitting an expert report that relied on evidence submitted solely for the purposes of settlement.

Appellate Information

• Decided 06/09/2010
• Published 06/09/2010

Judges

• PATRICK E. HIGGINBOTHAM, Circuit Judge:, Before HIGGINBOTHAM, GARZA, and PRADO, Circuit Judges.

Court

• United States Fifth Circuit

Counsel