Judge’s ‘Divisibility’ Ruling Sets High Bar For Defendants In CERCLA Suits

A federal judge is siding with California regulators in their suit targeting companies for responsibility to clean up the former Exide lead battery recycling site near Los Angeles, finding that the defendants have failed to meet a test for “apportionment” or “divisibility” under the Superfund law which would have limited their potential liabilities. An attorney representing some of the companies in the case says the court’s opinion , issued Aug. 22, “imposes a burden of proof that will be very...