The Appeals Court ruled that, "OEPA was not a party to the APA, so it fairly falls under the common meaning of 'third person. . . we reverse the district court's decision granting summary judgment to GenCorp and instruct the district court to enter summary judgment in favor of Textileather on the legal question of whether the retained liabilities section applies. We remand this case to the district court for proceedings to determine the appropriate allocation of costs and damages under the terms of that provision. . . the district court properly concluded that the allocation and assumption of liability provisions apply to CERCLA claims as well. GenCorp retained only those CERCLA liabilities covered by Sections 9.1.1 and 9.1.2."
Access the complete opinion (click here). [#Haz, #Remed, #CA6]
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