173462P.pdf   04/11/2019  United States  v.  Dico
   U.S. Court of Appeals Case No:  17-3462
   U.S. District Court for the Southern District of Iowa - Des Moines   
   [PUBLISHED] [Benton, Author, with Melloy and Kelly, Circuit Judges] 
   Civil case - Environmental law. For the court's prior opinion affirming 
   summary judgment on defendant Dico's violations of the district court's 
   1994 order and civil penalties, but holding that questions of fact 
   precluded summary judgment on arranger liability and punitive damages, see 
   U.S. v. Dico, Inc. 808 F.3d 342 (8th Cir. 2015). On remand, the district 
   court found defendants arranged to dispose of a hazardous substance in 
   violation of the Comprehensive Environmental Response, Compensation and 
   Liability Act (CERCLA) and were jointly and severally liable for response 
   costs in the amount of $5.45 million. The court further found that they 
   were liable for all costs not yet reported, all future costs, all 
   enforcement costs and attorneys' fees. Held: Substantial evidence 
   supported the district court's conclusion that defendants intended to 
   arrange for the disposal of a hazardous substance by selling a 
   contaminated building to a third party, without telling that party of the 
   contamination or the EPA orders in the matter; the district court did not 
   err in awarding punitive damages against defendant Dico. No error in 
   including enforcement costs in the arranger award made against defendants.