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When Is a Transporter an Arranger Under CERCLA?

November 1994

Citation: ELR 10665

Author: Gerard M. Giordano

In New York v. SCA Services, Inc., the U.S. District Court for the Southern District of New York rejected the notion that a transporter cannot be an arranger under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). This Dialogue reviews the parties' arguments and the court's opinion. It then analyzes the impact this case will have on transporters.

Gerard M. Giordano represented Nicholas Enterprises, Inc., in the litigation of New York v. SCA Services, Inc. Mr. Giordano is associated with the firm of Cole, Schotz, Meisel, Forman & Leonard in Hackensack, New Jersey. He specializes in representing clients in legal aspects of environmental, health and safety matters, including CERCLA matters, permit programs, enforcement matters, and real estate, and commercial transactions involving environmental issues.

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