PCS litigates CERCLA cost recovery and contribution claims

Client(s) PCS Phosphate Company, Inc.

Jones Day represents PCS Phosphate Company, Inc. with regard to administrative issues and litigation regarding the Ward Transformer Superfund Site in Raleigh, North Carolina. The administrative component involves negotiations with the U.S. EPA regarding the removal action and OU1 and OU2 phases of the cleanup. The litigation component involves private party litigation over costs incurred in conducting and funding the Removal Action at the Site. PCS is unique among all the defendants in the litigation, in that it voluntarily incurred response costs in advance of litigation, and is seeking to recover those costs through crossclaims and third-party claims.

Consolidation Coal Company v. 3M Company, et al., No. 5:08-CV-00463-FL (E.D.N.C.); Carolina Power & Light Company d/b/a Progress Energy Carolinas, Inc. v. 3M Company, et al., No. 5:08-CV-00460-FL (E.D.N.C.)