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Interchange Office Park, Ltd. v. Standard Indus.

Citation: 17 ELR 20840
No. No. SA-84-CA-2457, 654 F. Supp. 166/(W.D. Tex., 02/26/1987)

The court holds that neither listing a hazardous waste disposal site on the National Priorities List (NPL) nor government approval of the cleanup plan is a prerequisite to a private action to recover response costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The NPL listing requirement applies only to fund-financed actions, and federal or state approval of a cleanup plan is required only when reimbursement for response costs is sought from the government. The court then holds that plaintiff's complaint adequately alleged that defendants released hazardous waste into the environment, and that plaintiffs were not required to send a demand letter to defendants pursuant to CERCLA § 112(a) since plaintiff's suit does not involve the Superfund. Lastly, the court holds that whether the response costs incurred by plaintiffs are consistent with the National Contingency Plan is a factual determination for trial.

Counsel for Plaintiffs
Fred Shannon
Martin, Shannon & Drought
25th Fl., Interfirst Plaza, 300 Convent St., San Antonio TX 78205-3789
(512) 227-7591

Counsel for Defendants
Reese Harrison Jr., Ron Ricks
Oppenheimer, Rosenberg, Kelleher & Wheatley
711 Navarro, 6th Fl., San Antonio TX 78205
(512) 224-2000