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United States v. Land O'Lakes, Inc.

Citation: 47 ELR 20030
No. CIV-16-170-R, (W.D. Okla., 02/22/2017) (Russell, J.)

A district court held that a food company is not shielded from CERCLA liability by a settlement reached under RCRA related to the same site. EPA brought suit against the food company, a successor to the company that operated the site until 1982, for response costs the Agency occurred or would incur in connection with alleged releases by the previous operator. The food company claimed that a 1987 RCRA settlement between the predecessor and EPA shielded it from liability under CERCLA. The court held that the case may proceed because it involves different parties under a different statute for wrongs that occurred during a different time period.