Akzo Nobel Coatings, Inc. v. Aigner Corp.

197 F.3d 302 (1999)

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Akzo Nobel Coatings, Inc. v. Aigner Corp.

United States Court of Appeals for the Seventh Circuit
197 F.3d 302 (1999)

Facts

Akzo Nobel Coatings, Inc. (Akzo) (plaintiff) filed suit in federal district court against Aigner Corporation and others (Aigner) (defendant) seeking financial contribution under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), related to cleanup costs of hazardous waste and chemicals at a site known as Fisher-Calo. Aigner performed the bulk of the cleanup work and settled with some of the other responsible companies. Akzo also performed cleanup duties on an area it knew it was responsible for. Pursuant to §§ 2 and 6 of the Uniform Comparative Fault Act (UCFA), the district court divided liability amongst the parties on the basis of the volume of waste disposed at the site, with all wastes being weighted equally. Some generators of hazardous waste were ignored because they were not parties to the suit. The district court ordered Akzo to reimburse Aigner for 12.56 percent of the costs Aigner incurred, or will incur in the future, in the cleanup. However, Akzo generated only 9 percent of the waste by volume. Akzo appealed.

Rule of Law

Issue

Holding and Reasoning (Easterbrook, J.)

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