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· 9/20/1999

Acushnet Co. v. Mohasco Corp.

Citations

  • 191 F.3d 69
  • 1999 WL 701723

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that there is no minimum quantitative threshold for CERCLA liability, but affirming the trial court’s dismissal of de minimus polluters where, at best, one defendant was responsible for 1/500,000 of volume toxic chemicals found at site
  • finding apportionment of no liability to a PRP justified under equitable allocation
  • “where environmental harms are divisible, a defendant may be held responsible only for his proportional share of the response costs”
  • “In an appropriate set of circumstances, a tortfeasor’s fair share of the response costs may even be zero.”
  • “Questions of causation and appropriate equitable allocation of response costs involve quintessential issues of fact”
  • a \defendant in a contribution proceeding seeking to limit his liability has a 'less demanding burden of proof' \

Source: CourtListener parenthetical corpus (CC0).

Judges: Bownes, Cyr, O'Toole

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.