United States v. Dico, Inc., No. 17-3462 (8th Cir. 2019)Annotate this Case
The Eighth Circuit affirmed the district court's finding, on remand, that Dico and Titan violated the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). The court held that the clear error standard of review governed this appeal and that ample evidence supported the district court's factual findings that defendants intended to dispose the PCB contamination by selling contaminated buildings to SIM.
The court affirmed the punitive damages award because it now could affirm the finding that the sale violated CERCLA. The court held that the district court properly held that Dico and Titan were jointly and severally liable for enforcement costs where defendants failed to establish that the harm was divisible.