they have to comply with the consent decree how is it in the use of discretion for the district court to say i think that those remedial steps even if there was some decision about the pennsylvania department of environmental protections oversight i believe what i'm wondering if you're if you if that if that's really were you want to play have extensive expert reports and talked about the the love the world of toxicity and the contaminants in the soil and the remedial steps were going to need to be taken and thought and care that went into it that in order for her to not have abused her discretion besides going through in detail what happened and making judgments about the costs and how they would be allocated she needed to say oh and i think this is necessary independent of the that because she didn't say something independent as she didn't say and i find this to be so independent of the consent decree that that's an abuse of discretion it doesn't matter the level of detail that she looked at the record doesn't matter the number of findings of fact she made  it doesn't matter the care with which the conclusions of law about the cleanup and the allocation across go it's abuse of discretion because she did say and i find this necessary independent of the consent decree that where we are where we are is that there is a volume of contamination right she attempted to do that ok do you is it was it ok for her to do that your view was it was that it was sufficiently rooted in the record didn't have enough support for her  it mountains of evidence in the four hundred plus carry his findings of fact the green least was the principle of polluter here that's that's if there's one thing was case that i think i know for sure  out you know what's going to happen here it's it seems clear that congress intended recognise that maybe the best that could be done is rote justice but rough justice is better than no justice so testimony in the bench trial where he said here you could you could just do impact the area if you want step one you could handle independently and she cites that specifically your findings of fact she relies on that specific statement finding of fact number two fifty seven says each of these methods used by gravity could be used on its own without considering the other two methods that would keep responsible we could be contamination of the north plant that's she was acting on in his testimony these are three steps but you could just take step one and that stands independently and not paid for greenlee's to say that's just not so you can't do that judge because if you do that and you need the cost central allocation issue how can it be justifiable to allocate costs responsibility impossible to get to laser impersonation with respect to allocation you but you'd have to get to ways of pursuits you just have to have a rational thing here and the rat and and they're making an argument as i understand it i want you to respond to it specifically but it's fundamentally us tional i mean even nicer about it than that but it's fundamentally irrational to say we can allocate costs when we haven't taken the costs themselves and took out it here's a with it's ten bucks to fix so yeah doubt there's a thousand and ten bucks overall and the way you end up slice it it works like this treaties only one hundred eleven dollars because of the volumes and fall when it's responsible for nine hundred plus box of the actual cost but because you just work of volume of dirt you never pay attention to the cost it looks talk about this cos that's the problem she didn't she didn't talk about cost the chief judge were toward did admirable job of managing this very complex and difficult case but in the end she applied an analysis  that party ten percent and impose that ninety percent of the cost on the party that really only is responsible for ten percent of the cost of the clean up out can that be equity so sure i don't think that happened here bethink be good to answer your year one impact area no question about a difference in cost the difference in responsibility a cost across a variety of of remedial actions taken were different problems in different reduction suddenly when it comes to reducing green leases responsibility your sensitivity to the equable discretion of the district court evaporates and you say that that's just and that it can't be that arbitrary strike it down how can you in the record there's an id to be agreement in the record in the district courts as i think that legal effect of that is cut off at three years but perhaps there was some thinking on their part even if it was only unilateral and they were wrong there was some which incidentally survived through a period of eighteen years later when this claim first rose i respectfully suggest that if greenlee's were to have withheld those proceeds from sale it was no more generally the court's opinion the love was very specific and identifying individuals who were controlling the daily operations of the plant does it matter that that the term high lever or administrative services that are condemned by a number of decisions i think judge can't yourself in a prior decision enterprise rent a car dealt with the same kinds of does that not have any bearing on whether and go it can be said to be having hand in operations on the very issue that it's a environmental handling environmental clean was in adequately capitalized not at its inception not during the entire time of its operation not at the time of the sale but three to four years later after the declaration of it ends and i know trinity makes reference to a return but this is a strict test it's not but it is a strict test but it is that those factors must be shown before you really bet even to the issue of is it fair the legal position your take it is in effect we've got overlapping directors directors provided price on operations and therefore at the say this is it's right and proper to disregard the separate corporate existence all right when you're talking about indirect right ability you're talking about piercing the corporate veil and i don't pretend to be  information to apply a cost analysis complex case we think for all the effort you put in