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United States v. Davis

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APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND [Hon. Ernest C. Torres, U.S. District Judge]

This appeal concerns the third phase of litigation under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 U.S.C. � 9601 et seq., stemming from the disposal of hundreds of thousands of gallons of hazardous waste in the late 1970s at a site in Smithfield, Rhode Island owned by William and Eleanor Davis. This phase concerns an action by United Technologies Corporation (UTC) under CERCLA’s contribution provision, 42 U.S.C. � 9613(f). In 1995, UTC was found jointly and severally liable for costs incurred by the United States for the cleanup of the Davis site. Hoping to relieve itself of some of the burden of that judgment, UTC sued several dozen other potentially responsible parties. Most of these parties, as well as UTC, signed partial consent decrees with the United States in which they agreed to pay a share of the cleanup costs. Several parties, however, did not settle, and in 1998 UTC took them to trial. One of the non-settlors, Ashland, Inc., appeals the district court’s entry of the partial consent decrees. Ashland and four other non-settlors also appeal the court’s entry following trial of a declaratory judgment holding them liable for disposing of hazardous waste at the Davis site and allocating to them shares of responsibility for cleanup costs. Finally, UTC appeals three aspects of the court’s ruling.

We affirm, with one exception — a remand for clarification of the district court’s ruling that UTC may be solely responsible for $6 million in government enforcement costs.

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