United States v. South Carolina Recycling and Disposal, Inc.

How courts have described this case

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

• holding a company liable as a transporter under Sec. 107(a)(4) where it \participated in the selection of [the facility].\
• noting that “some CERCLA actions may present circumstances in which an award of prejudgment interest is appropriate,” and that absent statutory provision on prejudgment interest, matter is to be resolved by courts
• finding remedial environmental legislation premised on present and future effects of landowners’ past actions “not ‘retroactive’ in constitutional [due process] sense”
• “[The lessee] maintained control over and responsibility for the use of the property and, essentially, stood in the shoes of the property owners.”
• where most defendants were held liable on summary judgment but one went to trial, all were jointly and severally liable for all enforcement costs, including costs of trial
• “The fact that during part of its leasehold [the lessee] sublet a portion of the site does not diminish its responsibility. If anything, it strengthens the case [against the lessee].”

Source: CourtListener parenthetical corpus (CC0).