Chemical Maker Cannot Seek Contribution From Farm Over Possible Contamination

Mealey's (March 12, 2019, 8:58 AM EDT) -- TACOMA, Wash. — An organic chemical manufacturer that supplied a spongy waste material that contained plant nutrients and some hazardous substances to the owner of three farms that in turn used the material for fertilizer cannot seek contribution under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), a federal judge in Washington ruled March 5, holding that the maker’s consent decree with the Washington Department of Ecology did not allow it to pursue the claim (Emerald Kamala Chemical LLC v. Fire Mountain Farms Inc., No. C17-5472, W.D. Wash., 2019 U.S. Dist. LEXIS 35206)....