By Andrew H. Perellis, Philip L. Comella, and Craig B. Simonsen
In U.S. v. D.S.C. of Newark Enterprises Inc., No. 09-2270, (D.N.J. 6/12/13), the Court found that the sale of an ongoing business with hazardous materials remaining on site, which is later released by the purchaser, does not make the seller liable for having arranged for disposal.