| Law.com (2848 words) |
 | While the special master found that CWM had established that the harm from the 80 drums was geographically divisible from the harm caused by other sources, he nonetheless recommended entry of judgment in favor of the government. |
| CWM's geographic divisibility claim ultimately failed, he held, because CWM was unable to "prove by a preponderance of the evidence that other waste delivered by [CWM], through Continental, to Young, did not find its way into the Site." Id. (emphasis added). |
| CWM resorts instead to section 433A(1)'s second prong, arguing that there is a reasonable basis for determining its contribution to the undivided harm. |
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