Dash Point Village Associates v. Exxon Corp.

After gasoline from an Exxon station contaminated the groundwater below a neighboring shopping center owned by Dash Point, 1 a jury found Exxon liable under the Model Toxics Control Act (MTCA) and awarded Dash Point its costs and expenditures for remediation of the shopping center property. On appeal, Exxon does not dispute its liability for the cleanup of the Dash Point property. Rather it claims that the trial court erred (1) by failing to make a determination of whether Dash Point’s remedial actions were substantially equivalent to a state-supervised cleanup operation, (2) by apportioning…