By Andrew H. Perellis, Patrick D. Joyce, and Craig B. Simonsen
The Fifth Circuit recently held that a seller of dry cleaning chemicals did not assume Superfund “arranger” liability by merely selling a useful but hazardous chemical with the intent that it be used by a dry cleaning business that then subsequently discharged the contaminant into ground water.
Continue Reading Court Finds that Sale of Hazardous Chemicals Isn’t Disposal Absent Intent to Dispose
By Andrew H. Perellis and Ilana Morady
If you sell products that you no longer need that contain residual hazardous substances, and the buyer mishandles them so as to create the need for remediation, are you liable under CERCLA for having arranged for disposal of the hazardous substance?
A federal District Court recently granted summary judgment to a CERCLA defendant
By Andrew H. Perellis and Ilana R. Morady
The United States Court of Appeals for the First Circuit recently issued an opinion holding that arranger liability under Section 9607(a)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) can attach to a potentially responsible party (PRP) even if a PRP does not direct a site owner to dispose of