US v. Hooker Chemicals & Plastics Corp., 79-CV-990C.
Decision Date | 17 March 1994 |
Docket Number | No. 79-CV-990C.,79-CV-990C. |
Citation | 850 F. Supp. 993 |
Parties | UNITED STATES of America, the State of New York, and UDC-Love Canal, Inc., Plaintiffs, v. HOOKER CHEMICALS & PLASTICS CORPORATION; Hooker Chemicals Corporation; Occidental Petroleum Investment Corporation; the City of Niagara Falls; and the Board of Education of the City of Niagara Falls; Defendants. |
Court | U.S. District Court — Western District of New York |
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U.S. Dept. of Justice, Environmental and Natural Resources Div. (Lewis M. Barr, Steven Novick and Jared Synder, of counsel), Washington, DC, and Patrick H. NeMoyer, U.S. Atty. (Martin J. Littlefield, of counsel), Buffalo, NY, for plaintiff U.S.
G. Oliver Koppell, Atty. Gen. of State of N.Y. , New York City, for plaintiff State of N.Y.
Piper & Marbury (Thomas H. Truitt, Steven K. Yablonski and Anthony L. Young, Cynthia J. Morris and Mary F. Edgar, of counsel), Washington, DC, Phillips, Nizer, Benjamin, Krim & Ballon (Louis Nizer and George Berger, of counsel), New York City, and Phillips, Lytle, Hitchcock, Blaine & Huber (David K. Floyd, of counsel), Buffalo, NY, for defendant Hooker Chemicals & Plastics Corp.
Gellman, Brydges & Schroff (Earl W. Brydges, Jr. and Richard Stanton, of counsel), Niagara Falls, NY, for defendant City of Niagara Falls.
Phelps, Gray & Hewitt (Benjamin N. Hewitt and James P. Hewitt, III, of counsel), Niagara Falls, NY, for defendant Board of Educ., City of Niagara Falls.
Hurwitz & Fine (Theodore J. Burns, of counsel), Buffalo, NY, for defendant County of Niagara.
DECISION AND ORDER
In 1979, plaintiffs State of New York ("State") and the United States of America ("United States") brought suit against defendant Hooker Chemicals & Plastics Corporation ("Hooker," "OCC," or "the Company")1 to recover the costs of cleaning up and insuring the safety of the Love Canal area pursuant to Section 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. § 9607(a) ("CERCLA"), and New York common law of public nuisance. Between 1942 and 1954, the site was used by Hooker as a landfill for toxic chemical wastes from its Niagara Falls plant. In 1953, the Company transferred the site to the City of Niagara Falls School Board ("School Board" or "Board"), and an elementary school was built in the central section the next year. A State Health Emergency was declared in 1978 when a noticeable quantity of the chemical residues began surfacing and seeping into neighboring homes.
The case was bifurcated into two phases: Phase I — to determine the liability of all parties and the principles of contribution or indemnification; and Phase II — to determine the nature and amount of the remedy. Item 741 at ¶¶ 2 & 7. Prior to trial on the Phase I issues, this court granted summary judgment against the defendant for joint and several liability under both § 107 of CERCLA and the common-law public nuisance claim. United States v. Hooker Chemicals & Plastics Corp., 680 F.Supp. 546 (W.D.N.Y.1988) (Supplemental Order 20); United States v. Hooker Chemicals & Plastics Corp., 722 F.Supp. 960 (W.D.N.Y.1989) (Supplemental Order 41).2
The State's claim for punitive damages, based upon OCC's creation of a public nuisance at Love Canal in allegedly reckless disregard of the health, safety, and property of the local residents, as well as various counterclaims and cross-claims, remained for trial, which began on October 24, 1990. Testimony was heard through June 25, 1991, and the parties made closing arguments on January 7, January 29, February 11, and February 12, 1992. The following decision pertains solely to the punitive damages claim. The balance of the issues covered by the Phase I trial will be addressed separately in future orders.3
The State claims that OCC is liable for punitive damages for Hooker's activities and omissions regarding the method of waste disposal at Love Canal, the site's transfer to the School Board in 1953, and a subsequent failure to respond adequately to the problems and potential hazards which arose once Hooker relinquished control of the Canal area. In its proposed conclusions of laws (Item 1175 at 363), the State asserts that Hooker acted with reckless or wanton disregard for the health and safety of others in each of five particulars:
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