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Burlington N. & Santa Fe Ry. Co. v. Poole Chem. Co.

Citation: 35 ELR 20102
No. No. Civ.A.5:04CV047-C, (N.D. Tex., 05/10/2005)

A district court held that a railroad company's negligence claim against a tank installer is barred by Texas' repose statute. The case arose after a tank located on a chemical company's property ruptured and released chemicals onto neighboring railroad property. The state's repose statute bars the railroad's claims because more than 10 years have passed from the completion of construction of the tanks. Nor is the repose statute preempted by the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) in this case. The installer does not qualify as a "responsible person" under CERCLA; thus, CERCLA's preemption provision does not apply. Likewise, the installer does not qualify as an "arranger" under CERCLA.