Judge Refuses To Allocate Response Costs To City In CERCLA Suit

(September 14, 2015, 10:35 AM EDT) -- MADISON, Wis. — A defendant city that built and operated a wastewater treatment facility on a site that previously housed a lumber company is a “covered person” under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) that is liable for response costs incurred in cleaning up contamination, a federal judge in Wisconsin ruled Sept. 11, while finding that no costs should be allocated to the city based on the plaintiff company’s settlement with other parties and the city’s cooperation in cleanup efforts (Northern States Power Company v. City of Ashland, Wisconsin, et al., No. 12-cv-602, W.D. Wis.; 2015 U.S. Dist. LEXIS 121145)....

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