RECENT FEDERAL DECISIONS

November 2002

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District Court Upholds CERCLA's Rarely Successful "Useful Product" Defense
State of New York v. Solvent Chemical Company Inc

On August 14, 2002, the United States District Court for the Western District of New York affirmed the useful product defense in granting a smelting company, Solvent Chemical Company, Inc.'s, motion for summary judgment in a contribution action under CERCLA alleging arranger liability. CERCLA's "useful product" defense is rarely successful. In this case, a court for the first time found the defense applicable to recycled zinc.