ELR Citation: ELR 20062
No(s). 3:07-0153 (S.D. W. Va. Feb 18, 2010)

A district court held that the inspector and loader of an oil tank car that ultimately spilled were not operators for purposes of CERCLA. Based on the clear statutory language, legislative history and case law, operator liability is limited to those who operated a facility at the time of disposal. A...