8th Circuit Backs Evidentiary Bar For Courts' Superfund Liability Findings

A federal appellate court is endorsing a lower court’s fact findings that parties who sold polychlorinated biphenyl (PCB)-contaminated buildings intended to arrange for disposal of hazardous substances, reinforcing the evidentiary bar that trial courts must meet to determine if a party is liable as an “arranger” under the Superfund law for response costs. In an April 11 decision in United States v. Dico, Inc., et al. , the U.S. Court of Appeals for the 8th Circuit backed a district court’s...