Cleanup Costs At Former Metal Plating Site Not Divisible, Judge Rules

Mealey's (September 18, 2020, 2:04 PM EDT) -- SACRAMENTO, Calif. — A federal judge in California on Sept. 16 overruled arguments from defendants in a Comprehensive Environmental Response, Compensation, and Liability Act lawsuit that liability for contamination at a former metal plating site is divisible, holding that the defendants were unable to show that the contamination is capable of apportionment and that they did not establish that there is a reasonable basis by which to determine their contribution to the overall harm (West Sacramento v. R&L Business Management, et al., No. 18-cv-0900, E.D. Calif., 2020 U.S. Dist. LEXIS 169873)....