1. Suppose the coalition sues the companies that transported the waste? Are they liable as a PRP? Why or why not?
2. Do you think that courts should have broad discretion when engaging in Superfund allocation analysis? Why or why not?

For decades, two public landfills accepted industrial waste, including municipal solid waste from various municipalities, and the EPA declared the landfills to be Superfund sites. The EPA identified and entered into consent decrees with various PRPs, all corporations who had disposed of waste in the landfills, who subsequently formed a coalition and sued the municipalities for contribution to the cleanup costs. A court- appointed special master’s conclusions about which parties contributed how much waste was not followed by the district court when instead, they allocated much of the liability to the municipalities that ran the landfills.

  • CreatedNovember 06, 2014
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