Monarch Tile, Inc. v. City of Florence

1 Citing brief

  1. Lockheed Martin Corporation et al v. United States of America

    REPLY to opposition to motion re MOTION to Dismiss

    Filed December 14, 2006

    Corp., 982 F.2d 989, 997 (6th Cir. 1993) ( “Section 107(a) defines the following as liable parties: (1) owners and operators of a facility at the time of its cleanup”); Alfred R. Light, CERCLA Law and Procedure112 (1991) (“[Section 107(a)(1) ] is interpreted to bring within the class of potentially liable persons any owner or operator of the . . . facility at the time of the cleanup”); As noted by Elementis, 373 F. Supp. 2d at 268-69, the Eleventh Circuit has stated that section 107(a)(1) refers to the owner at the time of filing of the complaint. Fleet Factors, 901 F.2d at 1554 (“we will construe the present owner and operator of a facility as that individual or entity owning or operating the facility at the time the plaintiff initiated the lawsuit by filing a complaint”), superseded on other grounds as stated in Monarch Tile, Inc. v. City of Florence, 212 F.3d 1219, 1221 n.2 (11th Cir. 2000) (addressing exemption for secured creditors). Like the other cases cited in Elementis, however, Fleet Factors is not on point.