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Robert H. Law, Inc. v. Woodbine Business Park, Inc.

ELR Citation: 48 ELR 20022
Nos. 13-CV-1393, (N.D.N.Y., 02/12/2018) (Suddaby, J.)

A district court dismissed CERCLA claims against a construction company because there was no evidence that its actions contributed to soil contamination near the site. A contractor purchased topsoil from a company that is adjacent to a road where the construction company installed a water main three years prior. The contractor discovered that the soil was contaminated with hazardous substances and brought suit against the construction company under CERCLA for contamination of the site. The construction company claimed it was not an owner or operator of the site, nor did it arrange for the release of hazardous waste at the site when it installed the main. The court sided with the construction company, finding that there was no evidence to support that it arranged for the disposal of hazardous waste at the site.