United States v. P.H. Glatfelter Co., No. 13-2436 (7th Cir. 2014)
Annotate this CaseThe Superfund Site encompasses the Lower Fox River and Green Bay, into which paper mills discharged PCBs until the 1970s, and is the subject of remedial efforts under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. 9606. The U.S. Environmental Protection Agency (EPA) and the Wisconsin Department of Natural Resources (WDNR) divided the Site into five “operable units” (OUs). In 2002, EPA and WDNR issued a record of decision (ROD), calling for dredging in OU1, but for monitored natural recovery in OU2, excepting limited dredging as part of the OU3 remedy. In 2003, EPA and WDNR issued another ROD, including dredging in OU3 and OU4. The OU5 remedy was limited to monitored natural recovery, except some dredging near the River's mouth. Potentially responsible parties (PRPs) agreed to perform the work in OU1. NCR and another PRP agreed to perform remedial design work for OU2–OU5. In 2007, the agencies amended the ROD for OU2–OU5, keeping dredging as the default approach but allowing for capping and sand covering. EPA ordered the PRPs to conduct the cleanup required by the amendment. NCR led the remedial efforts in OU2 and OU3 and conducted significant action in OU4. In 2008 NCR sought contribution from the other PRPs and declined further compliance with EPA’s 2007 order. The district court ordered NCR to complete work scheduled for 2012. The Seventh Circuit affirmed. The district court then upheld the agencies’ remedy selection and held that various OU1 PRPs were liable for downstream cleanup costs; the court entered a permanent injunction requiring the nonsettling PRPs to comply with EPA’s 2007 order. The Seventh Circuit reversed in part; the district court erred in its consideration of NCR’s divisibility defense and in its decision to enter a permanent injunction.
The court issued a subsequent related opinion or order on November 19, 2014.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.