In CERCLA Row, Mo. Federal Judge Says Fact Questions Surround Affirmative Defense

(August 9, 2023, 1:47 PM EDT) -- JOPLIN, Mo. — Summary judgment is not appropriate because questions of fact exist about whether the environmental harm caused by phosphogypsum at a former fertilizer plant can be divided among the plant’s former operators, a Missouri federal judge found in denying cross-motions for summary judgment on a divisibility of harm affirmative defense raised by a former operator of the plant, which was sued by a development company that purchased the polluted site and incurred costs....