Oregon Statutes 465.257 – Right of contribution from other person liable for remedial action costs; allocation of orphan share
(1) Any person who is liable or potentially liable under ORS § 465.255 may seek contribution from any other person who is liable or potentially liable under ORS § 465.255. When such a claim for contribution is at trial and the court determines that apportionment of recoverable costs among the liable parties is appropriate, the share of the remedial action costs that is to be borne by each party shall be determined by the court, using such equitable factors as the court deems appropriate, including but not limited to the following:
Terms Used In Oregon Statutes 465.257
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(a) The amount of hazardous substances contributed to the facility;
(b) The degree of toxicity or hazard posed by the hazardous substances to public health, safety and welfare, and to the environment;
(c) The degree of involvement in the release of the hazardous substance by the liable persons;
(d) The relative culpability or negligence of the liable persons;
(e) The degree of cooperation by the liable persons with the government or with persons who have a financial interest in the facility;
(f) The extent of the participation by the liable person in response actions at the facility;
(g) The length of time the facility was owned or operated by the liable person during the time the release occurred;
(h) Whether the acts or omissions that resulted in a release were in material compliance with applicable laws, standards, regulations, licenses or permits;
(i) The economic benefit derived from the facility or from the acts or omissions that resulted in a release;
(j) The circumstances and conditions involved in the facility’s conveyance, including the price paid and any discounts granted; and
(k) The quality of evidence concerning liability and equitable shares.
(2) At the time of trial, if a person who is otherwise liable under ORS § 465.255 is no longer subject to a judgment due to bankruptcy, dissolution or death (an orphan share), the court may, in its discretion, allocate that person’s equitable share to the other liable persons in proportion to their equitable shares or on any other equitable basis taking into consideration any relationship between the orphan share’s liable person and each other liable person. [1995 c.662 § 5]
465.257 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS Chapter 465 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.