DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
053147P.pdf 07/13/2006 USA v. Hercules, Inc.
U.S. Court of Appeals Case No: 05-3147
Eastern District of Arkansas
[PUBLISHED] [Wollman, Author, with Fagg and Riley, Circuit Judges]
Civil case - Environmental Law. District court correctly applied
the standard for divisibility set forth in this court's opinion in
U.S. v. Hercules, 247 F.3d 706 (8th Cir. 2001); district court's
findings concerning Hercules' responsibility for drummed waste were
not erroneous; district court did not err in finding Hercules was
responsible for clean-up costs associated with stillbottom drum wastes;
district court did not err in finding Hercules was responsible for
clean-up costs associated with demolition of the plant; evidence
supported district court's findings that Hercules disposed of dioxin-
contaminated wastes at the Jacksonville Landfill and should be responsible
for related clean-up costs; district court did not err in finding the
evidence concerning certain soil and groundwater contamination was not
detailed enough to permit division of the costs; finding that Uniroyal
was liable as an arranger under CERCLA was the law of the case and would
not be disturbed; panel was bound by this court's earlier declaration that
CERCLA's retroactive application was constitutional.