News

Court finds NCR liable in Kalamazoo River judgment

September 27, 2013

Yesterday, the United States District Court for the Western District of Michigan issued its post-trial decision in Phase I of the litigation in Georgia-Pacific Consumer Products LP, et al. v. NCR Corp. et al., No. 1:11-CV-483, relating to liability at the Kalamazoo River site under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. 

According to a news release by NCR, the court found the companyt liable as an arranger, under Section 107(a)(3) of CERCLA, for sales of PCB-containing carbonless copy paper broke, at least as of March 1969.

PCB-containing CCP was produced from approximately 1954 to April 1971. NCR is one of a number of potentially responsible parties at the Kalamazoo River site. The court determined neither NCR's share of the overall liability nor how its liability relates to the liability of other liable or potentially liable parties at the Site.

If NCR were to be found liable for any costs with respect to the Kalamazoo River, it would have claims against Appleton Papers Inc. (now known as Appvion Inc.) and B.A.T Industries PLC under a 1998 cost sharing agreement and associated arbitration award and judgment.

NCR respectfully disagrees with the court's conclusion, according to the release. The company believes the decision of the United States District Court for the Eastern District of Wisconsin, in Appleton Papers Inc. v. George A. Whiting Paper Co., No. 08-C-16 (E.D. Wis.), properly concluded that sales of CCP broke were sales of a useful product and not an arrangement to dispose of a hazardous material under CERCLA.

NCR is evaluating the opinion and considering its legal options.

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