Environmental Law: CERCLA-Joint and Several Liability for Response-Punitive Damages

Defendants owned buildings that they were ordered to remediate. Without notifying the EPA, defendants sold the buildings without informing the buyer that the buildings were contaminated and subject to an EPA order. The buyer tore down the buildings and stored them in an open field that later became contaminated. The district court found that defendants violated CERCLA and that defendants were liable for punitive damages.

Judgment is affirmed.

U.S. v. Dico, Inc. (MLW No. 73055/Case No. 17-3462 – 9 pages) (U.S. Court of Appeals, 8th Circuit, Benton, J.) Appealed from U.S. District Court, Southern District of Iowa, Pratt, J. (Stephen H. Locher for appellant; Mark McCormick, Joel David Bertocchi and Thomas D. Lupo on brief) (Thekla Hansen-Young for appellee; Eric David Albert, Jennifer Neumann and Evelyn S. Ying on brief).