Premium
Polluter Must Pay Full Restoration Cost
Publication year - 1995
Publication title -
journal ‐ american water works association
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.466
H-Index - 74
eISSN - 1551-8833
pISSN - 0003-150X
DOI - 10.1002/j.1551-8833.1995.tb06386.x
Subject(s) - trespass , damages , liability , business , law , apportionment , corporation , finance , political science
From 1981 to 1987, Aero‐Dri Corporation, a division of Davey Compressor Company, disposed of a highly toxic solvent by illegally dumping it onto the ground behind their facility. The solvent reached the groundwater in the City of Delray Beach, Florida's, potable water supply wellfield one quarter mile away. The city had to shut down five of its six wells and buy potable water from other sources. The city sued Davey for trespass, negligence, private nuisance, and strict liability. A jury awarded $3 million for past damages and $5.6 million for estimated future costs. The appeals court upheld only the former award.