Friday, September 26, 2014

USA v. NCR Corporation

USA v. NCR Corporation - 9/25/14. In the U.S. Court of Appeals, D.C. Circuit, Case No. 13-2441 & 13-2447. Two decisions related to the cleanup of the Lower Fox River and Green Bay Su-perfund Site in northeastern Wisconsin. The Panel said, "We have deconsolidated the appeals of two PRPs, and we will resolve only the appeals of NCR and Glatfelter in this opinion. . . The district court's summary judgment rulings on the propriety of the remedy and Glatfelter's liability are AFFIRMED. The permanent injunction entered by the district court is VACATED. The declaratory judgment entered by the district court is AFFIRMED as to Glatfelter, but VACATED as to NCR, and Case No. 13-2441 is REMANDED for the district court to reconsider NCR's divisibility defense consistent with this opinion. Circuit Rule 36 shall not apply on remand."