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Litigation‐related Expenses Not Compensable As Response Costs
This litigation concerned contamination of the water supply of the Dedham‐Westwood Water District in Massachusetts. One source of this water was a wellfield in an industrial park along the west bank of the Neponset River. Cumberland Farms Dairy maintained trucks on the east bank. In March 1979, Dedham discovered wells contaminated with volatile organic chemicals (VOCs) and hired consultants to assess treatment alternatives. In 1981, it budgeted money to design a treatment plant that would deal with the VOCs and a separate water‐quality issue. In late 1981, Dedham announced it would build a plant. Earlier, a Dedham employee had discovered VOCs in a drainage ditch running from Cumberland's property. Dedham hired consultants to investigate. In July 1982, Cumberland was identified as a likely source, which led to this litigation. Dedham sought to recover the costs of building and operating the plant to remove pollutants from the well water. Both the trial court and court of appeals initially ruled against Dedham. The case again came before the court of appeals.
Litigation‐related Expenses Not Compensable As Response Costs
This litigation concerned contamination of the water supply of the Dedham‐Westwood Water District in Massachusetts. One source of this water was a wellfield in an industrial park along the west bank of the Neponset River. Cumberland Farms Dairy maintained trucks on the east bank. In March 1979, Dedham discovered wells contaminated with volatile organic chemicals (VOCs) and hired consultants to assess treatment alternatives. In 1981, it budgeted money to design a treatment plant that would deal with the VOCs and a separate water‐quality issue. In late 1981, Dedham announced it would build a plant. Earlier, a Dedham employee had discovered VOCs in a drainage ditch running from Cumberland's property. Dedham hired consultants to investigate. In July 1982, Cumberland was identified as a likely source, which led to this litigation. Dedham sought to recover the costs of building and operating the plant to remove pollutants from the well water. Both the trial court and court of appeals initially ruled against Dedham. The case again came before the court of appeals.
Litigation‐related Expenses Not Compensable As Response Costs
1993-06-01
1 pages
Article (Journal)
Electronic Resource
English
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