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United States v. Kayser-Roth Corp.

Supreme Court's analysis of parent corporation CERCLA liability in U.S. v. Bestfoods did not permit plaintiff to relitigate district court's previous declaratory judgment holding company liable for future site cleanup costs.

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The full case caption appears at the end of this opinion.

LIPEZ, Circuit Judge. In this appeal, Kayser-Roth Corporation (Kayser-Roth) seeks relief pursuant to Fed. R. Civ. P. 60(b)(5) from a 1990 declaratory judgment finding it liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. � 9601 et seq., for future cleanup costs associated with a release of trichloroethylene at a facility of its subsidiary, Stamina Mills, Inc. United States v. Kayser-Roth Corp., 724 F. Supp. 15 (D.R.I. 1989) (Kayser-Roth I). Kayser-Roth asserts that the Supreme Court’s decision in United States v. Bestfoods, 524 U.S. 51 (1998), renders the prospective application of the declaratory judgment “no longer equitable” within the meaning of Rule 60(b)(5). Reviewing the Kayser-Roth I judgment in light of Bestfoods, the district court concluded that the principles of direct and derivative liability under CERCLA articulated in Bestfoods would not have altered that original judgment. United States v. Kayser-Roth Corp., 103 F. Supp. 2d 74 (D.R.I. 2000) (Kayser-Roth II). Kayser-Roth appeals that determination, and we affirm.

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