Ashley II of Charleston LLC v. PCS Nitrogen Incorporated

How courts have described this case

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

• holding that the plain language of 42 U.S.C. § 9613 (f)(1) grants a court significant discretion to choose which factors to consider in determining equitable allocation of liability
• declining to include attorneys' fees as response costs because they effectively served no purpose other than the reallocation of costs
• applying state contract law to determine whether a corporation explicitly assumed CERCLA successor liability
• “A PRP’s strict liability for response costs is subject only to CERCLA’s limited defenses and exemptions.”
• “[I]n the face of uncertain causation of harm, courts have refused to make an arbitrary apportionment for its own sake.” (quotations and citation omitted)
• affirming district court’s refusal to make an arbitrary apportionment

Source: CourtListener parenthetical corpus (CC0).