What are the factors used to determine the state of mind of a plaintiff in a claim for environmental damages?

could consider "state of mind," "economic status," "contracts between them bearing on the subject," and "traditional equitable defenses"].) In United States v. Davis (D. R.I. 1998) 31 F.Supp.2d 45, the court concluded the critical factors were: "1. The extent to which cleanup costs are attributable to wastes for which a party is responsible. 2. The party's level of culpability. 3. The degree to which the party benefited from disposal of the waste. 4. The party's ability to pay its share of the cost." ( Id . at p. 63.)