Case Number: SLS No. 98-009
Title: The Lower Fox River (CERCLA/SUPERFUND)

Case Files: Case (19 pages)  |  Exhibits (44 pages)

Teaching Note:

• SLS No. 97-010 (4 pages)
• (Request Access to Teaching Notes and Materials)

Author: Mary J. Decker, Case Writer; Barton H. (“Buzz”) Thompson, Jr., Robert E. Paradise Professor of Natural Resources Law

Abstract: PCBs contaminate a 39-mile stretch of the Lower Fox River in Wisconsin. A small group of paper mills are cooperating with the State environmental agency to voluntarily investigate, clean up and restore the river. Meanwhile, the U.S. Fish and Wildlife Service continues its own assessment of natural resource damages caused by the PCBs. U.S. EPA, frustrated with the slow pace of the State-lead voluntary cleanup, signals its intent to list the river on the NPL. EPA issues special notice letters to the paper mills requesting that they conduct a Superfund-style RI/FS. The State vehemently opposes EPA’s actions. What approach should a cooperating paper mill take?

Key Words: Superfund, Comprehensive Environmental Response, Compensation and Liability Act; CERCLA, polychlorinated biphenyls, PCBs, Lower Fox River, National Priorities List; NPL; natural resource damage assessment, natural resource trustee.