UNITED STATES of America, Plaintiff and Counterclaim Defendant,
v.
VERTAC CHEMICAL CORP., Defendant, Counterclaimant, Cross Claimant, and Third Party Plaintiff; and
Hercules Incorporated, Defendant, Cross Claim Defendant, Counterclaimant, Cross Claimant and Third Party Plaintiff; and
The Dow Chemical Company, Velsicol Chemical Corporation, BASF Aktiengesellshaft, BASF Corporation, Uniroyal Chemical, LTEE-Ltd., Standard Chlorine of Delaware, Inc. and Five John Does, Third Party Defendants.
ARKANSAS DEPARTMENT OF POLLUTION CONTROL AND ECOLOGY
v.
VERTAC CHEMICAL CORP., Defendant, Counterclaimant, Cross Claimant, and Third Party Plaintiff; and
Hercules Incorporated, Defendant, Cross Claim Defendant, Cross Claimant; and Third Party Plaintiff; and
The Dow Chemical Company, Velsicol Chemical Corporation, BASF Aktiengesellshaft, BASF Corporation, Uniroyal Chemical, LTEE-Ltd., Standard Chlorine of Delaware, Inc. and Five John Does, Third Party Defendants.
United States District Court, E.D. Arkansas.https://leagle.com/images/logo.png
May 21, 1997.
May 21, 1997.
Attorney(s) appearing for the Case
Sam Blesi, Department of Justice, Land and Natural Resources Division, Washington, DC, A. Douglas Chavis, III, U.S. Attorney's Office, Eastern District of Arkansas, Little Rock, AR, for the United States.
Charles L. Moulton, Attorney General's Office, Little Rock, AR, for the State of Arkansas.
V. Robert Denham, Jr., Powell, Goldstein, Frazer & Murphy, Atlanta, GA, M.M. Norton, Jr., Charles L. Schlumberger, Wright, Lindsey & Jennings, Little Rock, AR, for Hercules, Inc.
Steven W. Quattlebaum and G. Alan Perkins, Williams & Anderson, Little Rock, AR, Susan H. Shumway, Shumway & Merle, Southport, CT, for Uniroyal Chemical.
Richard F. Ricci, Lowenstein, Sandler, Kohl, Fisher & Boylan, Roseland, NJ, Samuel E. Ledbetter, Nichols, Wolff, Ledbetter & Campbell, P.A., Little Rock, AR, for Standard Chlorine of Delaware.
United States District Court, E.D. Arkansas.
MEMORANDUM OPINION AND ORDER
GEORGE HOWARD, Jr., District Judge.
This case involves a 93-acre tract of land in Jacksonville, Arkansas known as the Vertac Site ("Vertac Site" or "Site").1 As a result of the herbicide production at the Site, the land, buildings, equipment, groundwater, sewer lines, two sewage treatment plants, and floodplains and adjacent creeks became contaminated...
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