The federal government shouldn't have been let oft" the hook for hazardous waste cleanup costs at a California aeronautical manufacturing plant, the Ninth Circuit ruled Oct. 4 (TDY Holdings, LLC v. United States, 9th Cir., No. 15-56483, 10/4/17). The district court wrongly allocated 100 percent of the cleanup costs at the San Diego plant to TDY Holdings LLC, because the military was closely involved in plant operations as early as the 1940s, the court said. The ruling gives TDY and its corporate predecessor, Ryan Aeronautical Co., a fresh opportunity to argue that the Department of Defense should bear some cleanup costs stemming from the release of toxic chemicals required by government contracts dating back to World War II.
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