United States Ninth Circuit

In this Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) contribution action brought by plaintiff AmeriPride against defendant Texas Eastern Overseas, arising out of the contamination of the soil and groundwater in an industrial area of Sacramento, California, defendant challenges numerous aspects of the district court's decision. The judgment is vacated and remanded for further proceedings, where: 1) in allocating liability to a non settling defendant in a CERCLA contribution action, the district court is not required to apply either the proportionate share approach of the Uniform Comparative Fault Act, or the pro tanto approach of the Uniform Contribution Among Tortfeasors Act, but rather has discretion to determine the most equitable method of accounting between private parties; 2) because the district court first rued that it was adopting the proportionate share approach but later effective applied the pro tanto approach, it could not be determined whether the district court abused its discretion in allocating response costs; 3) a party can seek contribution under CERCLA section 9613(f)(1) only for settlement costs that were for necessary response costs consistent with the national contingency plan; and 4) the district court erred in setting the date on which prejudgment interest began to accrue and in assigning causes of action pursuant to California Civil Procedure Code section 708.510.

Appellate Information

• Decided 04/02/2015
• Published 04/02/2015

Judges

• Ikuta

Court

• United States Ninth Circuit

Counsel