After six years of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) litigation, culminating in a seven-day trial in the United States District Court for the Eastern District of Pennsylvania, Glenn A. Harris, a partner in the Environmental Group at Ballard Spahr Andrews & Ingersoll, LLP, obtained a $10 million judgment in favor of five companies that have been remediating the Boarhead Farms Superfund Site in Upper Black Eddy, Pa.

Judge Legrome Davis awarded the plaintiffs in Agere Systems, Inc. et al. v. Advanced Environmental Technology Corporation, et al., judgment against defendant Carpenter Technology Corporation in the amount of $10,942,702.84, 80% of plaintiffs' past costs of remediating the site, plus a declaratory judgment for 80% of plaintiffs' future costs.

In the 1970s, DeRewal Chemical Company illegally disposed of its customers' waste at the Boarhead Farms site. Judge Davis found that Carpenter Technology was a customer of DCC in the early 1970s during the time DCC used the Boarhead Farms site for disposal of its customers’ wastes.

Judge Davis found Carpenter's volumetric share to be 62.60 percent. Carpenter's equitable share was increased, however, to 80 percent considering plaintiffs signed two consent decrees agreeing to remediate the site, Carpenter did not cooperate with the EPA, and Carpenter hired DCC, despite knowing that DCC had a history of pollution violations because all it "cared about was saving a dollar."

Mr. Harris is a partner in Ballard's Litigation Department and a member of the Product Liability and Mass Tort and Insurance Groups. He concentrates his practice in environmental litigation with particular emphasis on Superfund cost recovery and contribution actions. Mr. Harris has assumed a lead role in many significant Superfund matters, serving as common counsel, shared counsel, or liaison counsel. He has represented groups and individual companies in over two dozen Superfund sites in several states. His environmental practice also includes the representation of clients in litigation concerning natural resource damages claims, underground storage tanks, groundwater contamination, wetlands, environmental representations in purchase agreements and other contracts, and NPDES industrial and stormwater discharge permits.