9th Circuit Affirms Apportionment Of CERCLA Liability For Smelting Site

Mealey's (February 14, 2023, 1:52 PM EST) -- SAN FRANCISCO — In affirming a trial court’s allocation of environmental liability between two subsequent owners and operators of a former aluminum smelting site, a Ninth Circuit U.S. Court of Appeals panel held that the trial court did not err in considering the intent of the parties as expressed in the terms of the acquisition agreement between them, as well as their contribution to the site’s contamination and economic benefit received from the site....