United States Sixth Circuit

If other defendants release vast quantities of hazardous material, a defendant may still escape clean-up liability under CERCLA if its release was small in comparison, even if, standing alone, the discharge would subject it to liability.

Appellate Information

• Argued 10/24/2001
• Decided 12/18/2001
• Published 12/18/2001

Judges

• Before: JONES, MOORE, and GILMAN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Alan C. Bennett (briefed), Law, Weathers & Richardson, Grand Rapids, MI, Jerome T. Wolf (argued and briefed), James L. Moeller (briefed), Amy E. Bauman (briefed), David S. Ladwig (briefed), Sonnenschein Nath & Rosenthal, Kansas City, MO, for Plaintiff-Appellant.


• For Appellees:
  
• Kathryn J. Humphrey (briefed), Joseph C. Basta (argued), Dykema Gossett, Detroit, MI, for Defendant-Appellee