• CERCLA, Lone Pine Orders, and Daubert Motion
  • June 24, 2015 | Author: Ryan C. McKim
  • Law Firm: Morris Polich & Purdy LLP - Los Angeles Office
  • In Asarco LLC v. NL Industries, Inc., 2015 WL2453491, the United States District Court for the Eastern District of Missouri issued a Lone Pine order in a case for contribution under Section 113 of the Comprehensive Environmental Response Compensation and Liability Act (CERCLA). As the court noted, to establish its prima facie case, the plaintiff must establish that the defendant falls into one of four categories of “responsible persons:” the site in question is a “facility,” there was a “release” or “threatened release” of a “hazardous substance” at the facility, or the release caused the plaintiff to incur response costs. At issue was the admissibility of plaintiff’s expert evidence of a “release” at the Lone Pine stage of the case under the Daubert standard.