RECENT FEDERAL DECISIONS

February 2007

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Eighth Circuit Finds Contribution for CERCLA Liability Depends on Substantial Continuity Test
K.C. 1986 Limited Partnership v. Reade Manufacturing, et al., ___F.3d___

This contribution action under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) arose between the parties for the clean up of Armour Road Superfund Site in Kansas City. The District Court issued a judgment requiring certain plaintiffs and other parties to pay the appellee 90 percent of past response costs it incurred and to be responsible for 90 percent of future response costs is affirmed in part. The Eighth Circuit Court of Appeals affirmed in part and reversed in part.