EPA v. CONTINENTAL INSURANCE CO (NEPACCO)

Case summary

IN THIS ACTION, THE U.S. IS SEEKING TO COLLECT A JUDGEMENT IN THE RELATED U.S. VS. NEPACCO, A CERCLA, SECTIONS 106/107 ACTION, SEEKING CLEANUP OF THE DENNY FARM SITE & RECOVERY OF THE GOVERNMENT'S COSTS OF RESPONDING TO THE DENNY FARM SITE. SHORTLY PRIOR TO THE DATE THE NEPACCO JUDGMENT WAS OB- TAINED, CONTINENTAL INSURANCE COMPANY FILED A DECLARATORY JUDGMENT ACTION AGAINST NEPAC CO AND ITS OFFICERS SEEKING A DETERMINATION THAT THE INSURAN CE POLICIES IT ISSUED DID NOT COVER SUCH CIRCUMSTANCES AS THE DENNEY FARM SITE RESPONSE ACTION. DUE TO TIME LIMITA- TIONS, THE U.S. DID NOT INTERVENE IN THE CONTINENTAL V. NEPACCO ACTION, BUT INSTEAD INSTITUTED THIS ACTION, A SIMI- LAR DECLARATORY JUDGEMENT ACTION, REQUESTING THAT THE COURT DETERMINE THAT THE CONTINENTAL POLICIES APPLY TO REIMBURSE- MENT OF EPA CLEANUP COSTS AT THE DERRY FARM SITE.

Defendants (3)

• LEE, JOHNNamed in complaint
• MICHAELS, EDWINNamed in complaint
• NORTHEASTERN PHARM AND CHEM CO (NEPACCO)Named in complaint

Facilities (1)

• SYNTEX AGRIBUSINESS INC

  HWY VV RR 1, AURORA, MO, 65605

  Registry ID: 110017993288

Statutes cited

• RCRA 7003 — Imminent Order: Solid or Hazardous Waste
• CERCLA 107 — Superfund
• CERCLA 106 — Imminent & Substantial Endangerment Order

Timeline (5 milestones)

• 1984-12-07Referred To Headquarters
• 1984-12-19Referred To Dept Of Justice
• 1985-02-20Complaint Filed With Court
• 1987-01-26Concluded
• 1988-05-01Enforcement Action Closed