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Nancy Peterson featured in article “Paper Cos., Others To Pay $54M For Wis. River Cleanup Suit”


Following is an excerpt:

Four paper companies and two municipalities agreed Wednesday to pay the federal government and the state of Wisconsin $54 million in cleanup costs and damages to settle allegations that they polluted a Wisconsin river Superfund site, according to documents filed in Wisconsin federal court.

Four of the settling parties, CBC Coating, Menasha, U.S. Paper and WTM, are currently appealing a May 1 injunction order, which would require them to comply with the requirements of the remediation plan, in the case before the Seventh Circuit.

The recyclers are urging the appeals court not to hold them liable for any of the $1 billion in cleanup costs for the river pollution, alleging they did not know about NCR’s use of PCBs in its paper production. Oral arguments were heard in the appeal in February.

"NCR uniquely knew of the environmental risks of the PCBs in its paper but concealed that risk from defendants, government officials and the public while accelerating production," the recyclers said in their brief filed in November. "Defendants, in contrast, knew nothing about any potential risks until after NCR stopped using PCBs."

The settling parties are represented by Quarles & Brady LLP, Reinhart Boerner Van Deuren SC, Haynsworth Sinkler Boyd PA, Hunsucker Goodstein PC, Davis & Kuelthau SC, Stafford Rosenbaum LLP and von Briesen & Roper SC.

Originally published in Law360 on March 26, 2014