United States v. NCR Corp., No. 12-2069 (7th Cir. 2012)
Annotate this CaseSince at least the late 1990s, the U.S.EPA and the Wisconsin Department of Natural Resources (WDNR) have worked on a remedial plan for the Fox River. One of companies that was designated as a “potentially responsible party (PRP),” responsible for undertaking remedial work with respect to PCBs dumped in the river, was NCR. Acting under administrative orders, NCR has performed significant cleanup, but in 2011 it announced that it had done more than its share. The EPA and WDNR obtained an injunction and NCR has complied. The Seventh Circuit affirmed. NCR did not show that the harm to the river is capable of apportionment under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. 9606(a).
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