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Oil Re-Refining Co. v. Pacific Recycling, Inc.

ELR Citation: 41 ELR 20181
Nos. No. 11-6042-HO, (D. Or., 05/03/2011)

A district court dismissed an oil refiner's CERCLA action against a recycling company for costs it incurred responding to PCB contamination allegedly resulting from used oil that was delivered from the company's facility to the refinery. The claim fails because there has been no release or threat of release of PCBs into the environment. According to the complaint, the only things exposed to PCBs were the refiner's storage facility and equipment, tanks, and trucks located there.