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Veolia Es Special Servs., Inc. v. Techsol Chem. Co.

ELR Citation: 38 ELR 20076
Nos. No. 3:07-0153, (S.D. W. Va., 03/14/2008)

A district court granted in part and dismissed in part a motion to dismiss the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) claims against a company hired to inspect a rail car that subsequently leaked coal tar light oil. The plaintiff makes no showing that the inspecting company acted as a current owner or operator of the rail car, and instead only showed that the company had the duty to "inspect and maintain" the rail car. As such, no liability under CERCLA §107 can attach.