U.S. Seeks Reversal In District Court Divisibility Ruling For Fox River

摘要

The United States is urging a federal district court to reconsider and reverse a May 15 decision in which it found that harm from contamination of sediment in the Lower Fox River is divisible and that remediation costs can be apportioned, effectively lowering significantly the cleanup costs for one of the companies responsible for the contamination. The U.S. government details its arguments in a May 29 brief in United States v. NCR Corporation, et al., in support of a motion for the court to reconsider its ruling. In particular, the government disputes the decision by the U.S. District Court for the Eastern District of Wisconsin to rely on unreliable and unexplained calculations from an expert, saying the court violated requirements under the Federal Rules of Civil Procedure and reliability requirements for expert evidence.