Environmental
Apr. 20, 2013
CERCLA apportionment unworkable
As presented, the facts in PCS Nitrogen represent the quintessential example of why apportionment, as a practical construct, is unworkable. By Christopher W. Smith and Steven L. Hoch
As presented, the facts in PCS Nitrogen Inc. v. Ashley II of Charleston LLC, Nos. 11-1662, -2087, -2099, -2104, and -2297 (4th Cir. April 4, 2013), represent the quintessential example of why apportionment, as a practical construct, is unworkable. The legitimization of Comprehensive Environmental Response, Liability and Compensation Act (CERCLA) apportionment is owed to the U.S. Supreme Court's 2009 decision o...
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