ELR Citation: 41 ELR 20121
No(s). 10-40515 (5th Cir. Mar 14, 2011)

The Fifth Circuit held that the Superfund Recycling Equity Act (SREA)—an amendment to CERCLA that exempts certain recyclers from liability for cleanup costs under CERCLA and awards costs and fees to any recyclers improperly sued for contribution under CERCLA—does not apply to state-law actions. The case arose after two battery recyclers were sued under the Texas Solid Waste Disposal Act (Texas SWDA) in Texas state court for contribution to environmental cleanup costs. The recyclers argued that they should be exempt from liability under the SREA. But the plain language of the SREA conclusively establishes that it applies only to claims asserted under CERCLA, not state law actions. Nor does CERCLA preempt the Texas SDWA. Accordingly, because the SREA on its face does not apply to state-law causes of action, and because CERCLA does not preempt the Texas SWDA, the district court properly dismissed the recyclers' claims.