Recent Federal Decisions

November 2003

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District Judge Approves Revised Method for Calculating Indirect Costs under CERCLA and Gives EPA Large Award
United States of America v. W.R. Grace & Company- Connecticut, et al.

A federal judge in Montana has ruled that over $54 million in U.S. Environmental Protection Agency (EPA) cleanup costs of asbestos tailings at a mine site for which the defendants were responsible were recoverable against the defendants, despite millions of dollars in indirect “overhead” costs calculated pursuant to new EPA methodologies.