142762P.pdf   12/10/2015  United States  v.  Dico, Inc.
   U.S. Court of Appeals Case No:  14-2762
   U.S. District Court for the Southern District of Iowa - Des Moines   
   [PUBLISHED] [Bye, Author, with Loken and Kelly, Circuit Judges] 
   Civil case - Environmental law. The district court erred in granting 
   summary judgment to the EPA on its claims that Dico violated CERCLA by 
   arranging for the disposal of PCB-contaminated buildings by selling them 
   to a third party who disassembled the buildings and stored them in a way 
   that permitted the PCBs to contaminate another site; the buildings had at 
   least some commercial value based on which a fact finder could find that 
   Dico did not intend to dispose of the PCBs by selling the buildings; there 
   were a number of issues of material fact, including the usefulness and 
   value of the buildings, and the record did not demonstrate as a matter of 
   law that Dico was simply trying to get rid of a hazardous substance; award 
   of civil penalties affirmed for violation of standing EPA order covering 
   the site; however, the award of punitive damages is reversed because the 
   Fund did not incur any costs to clean up the teardown site where the 
   building once stood and the Fund did not, therefore, incur any costs as a 
   result of Dico's violation of the standing EPA order. Judge Loken, 
   concurring in part, and dissenting in part. Judge Kelly, concurring in 
   part and dissenting in part.