Appellate Decision Illustrates Limits On Superfund Apportionment Claims

A recent circuit court ruling affirming a lower court's decision to reject the apportionment of cleanup liability for polychlorinated biphenyls (PCBs) in Wisconsin's Lower Fox River illustrates the difficulty in winning Superfund divisibility claims despite a landmark 2009 Supreme Court ruling that allowed for the apportionment of cleanup liability, according to several lawyers who follow Superfund cases. In an Aug. 3 decision in United States, et al. v. NCR Corp. , the U.S. Court of Appeals for the 7th Circuit...