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United States v. Wade

Citation: 14 ELR 20436
No. No. 79-1426, 21 ERC 1346/(E.D. Pa., 03/08/1984) Summary judgment against U.S. generator denied

The court in its discretion declines to grant the United States summary judgment on defendant generators' Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) § 107 counterclaim against a U.S. agency even though defendants have only proved that the agency's wastes were transported by a hauler that took wastes to that site. The court notes that evidence that a party dealt with a suspect waste hauler and cannot prove that all its wastes were delivered to other sites is insufficient to prove liability under CERCLA § 107; establishing CERCLA liability requires proof that the party's wastes were sent to the site. However, the court refuses to grant summary judgment to the government on the counterclaim, allowing defendants an opportunity to come forward with stronger evidence linking the U.S. Naval Air Development Center to the Wade site.

[Related decisions are published at 12 ELR 21051, 13 ELR 20815, 14 ELR 20096, 14 ELR 20435, 14 ELR 20437, 14 ELR 20439, 14 ELR 20440, and 14 ELR 20441 — Ed.]

Counsel are listed at 14 ELR 20096.