PSC Nitrogen Inc. v. Ashley II of Charleston, No. 11-1662 (4th Cir. 2013)Annotate this Case
These appeals arose from disputes as to liability for cleanup of hazardous substances at a former fertilizer manufacturing site in Charleston, South Carolina. After incurring response costs, Ashley, the current owner of a portion of the site, brought a cost recovery action against PCS under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. 9601-9675. PCS counterclaimed and also brought third-party contribution actions against parties with past and current connections to the site. The district court bifurcated the trial. The district court found at the first bench trial that PCS was a potentially responsible party jointly and severally liable for response costs at the site. The district court found at the second trial that some of the other parties, including Ashley, were potentially responsible parties, each liable for an allocated portion of the site's response costs. The parties appealed but the court affirmed the district court's judgment in all respects.