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arranger liability

Islip, Town of v. Datre

ELR Case

A district court held that defendants responsible for dumping hazardous waste in a town park were not liable under CERCLA because they did not know of the hazardous nature of the material dumped. In 2013, a church pastor requested...

MEMC Pasadena, Inc. v. Goodgames Industrial Solutions, LLC

ELR Case

A district court held that a waste broker is liable as an arranger under CERCLA and the Texas Solid Waste Disposal Act (TSWDA) in connection with the disposal of waste at the U.S. Oil Recovery Superfund site in Texas. A manufacturing...

A Tale of Two Rivers: An Analysis of Different Approaches to Proving Intent for CERCLA Arranger Liability

ELR Article

Courts have grappled with the scope of CERCLA arranger liability ever since the U.S. Supreme Court’s 2009 decision in Burlington Northern & Santa Fe Railway Co. v. United States. Two opposite decisions on nearly identical...

Consolidated Coal Co. v. Georgia Power Co.

ELR Case

The Fourth Circuit held that a public utility that sold used PCB-containing electrical transformers in the 1980s to a company for reconditioning and resale should not be held liable under CERCLA as an arranger. EPA added the site to the...

Vine Street v. Borg Warner Corp.

ELR Case

The Fifth Circuit held that a corporation should not be held liable as an arranger under CERCLA for costs associated with cleaning up a plume of perchloroethylene (PERC) that discharged from a dry cleaning business that operated in the...

Appleton Papers Inc. v. George A. Whiting Paper Co.

ELR Case

A district court held that a paper company that sold "broke," a byproduct of its manufacturing process, to paper recyclers was not an arranger under CERCLA for PCB contamination in a river. The company lacked knowledge that broke could...

United States v. General Electric Co.

ELR Case

The First Circuit affirmed a lower court decision holding a manufacturing company liable under CERCLA for response costs EPA incurred at the Fletcher's Paint Works and Storage Facility Superfund site in Milford, New Hampshire....

Pakootas v. Teck Cominco Metals Ltd.

ELR Case

A district court held that the state of Washington is not liable as an arranger under CERCLA for hazardous waste contamination stemming from mining operations on state lands. The state entered into mining contracts with a Canadian...

Team Enterprises, LLC v. Western Investment Real Estate Trust

ELR Case

The Ninth Circuit upheld the dismissal of a dry cleaner's CERCLA and tort law claims against the manufacturer of dry cleaning equipment. The dry cleaner failed to present evidence giving rise to a genuine dispute as to any material...

PacifiCorp Environmental Remediation Co. v. Washington State Department of Transportation

ELR Case

A Washington appellate court affirmed a lower court decision holding the state transportation agency liable to two utilities for contribution costs incurred at the Thea Foss Waterway, a Superfund site, under the state's Model Toxics...