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United States v. Carolawn Co.

Citation: 14 ELR 20698
No. No. 83-2162-O, 21 ERC 2127/(D.S.C., 06/15/1984) Ruling on ownership

The court rules that a firm that acted as a conduit in the transfer of title to a hazardous waste disposal site and held legal title for one hour could be an owner and operator under § 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The court dismisses the summary judgment motion of defendant in a CERCLA cost recovery action. It finds that the facts surrounding the transfer of the site from its bankrupt former owner, to defendant, and thence to three individuals, all of whom were employees of defendant, are not sufficiently well-established to rule out plaintiff's argument that defendant retained sufficient control over the site to qualify as an owner. Also, the facts surrounding a transfer of waste to the site ordered by company officials are not sufficiently well-established to rule out plaintiff's argument that defendant operated the site. On the same bases, the court also rejects defendant'smotion for summary judgment on cross claims against it.

Counsel are listed at 14 ELR 20696.