Environmental
May 15, 2001
Divisible Aid
A defendant's only prayer of avoiding joint-and-several liability when the United States sues for hazardous site cleanup costs is showing "divisibility of harm." And it's a prayer that has gone unanswered most of the time. But the powers-that-be may start listening, because the 8th U.S. Circuit Court of Appeals recently displayed receptivity to the "divisibility" defense to joint and several liability by remanding the rejection of a defendant's divisibility arguments to the court for reconsideration.
A defendant's only prayer of avoiding joint-and-several liability when the United States sues for hazardous site cleanup costs is showing "divisibility of harm." And it's a prayer that has gone unanswered most of the time. But the powers-that-be may start listening, because the 8th U.S. Circuit Cour...
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