Filed November 19, 2020
CERCLA broadly defines the term โresponseโ to include โremove, removal, remedy, and remedial actionโ and all โenforcement activities related thereto.โ Castaic Lake Water Agency, 272 F.Supp.2d 1053, 1062; 42 U.S.C. 9601(25) (response costs include the costs of investigations, clean-up, sampling, overseeing investigations, security fencing and other restrictive measures, and enforcement activities). Here, it cannot be seriously disputed that FRAโs costs were necessary.
Filed May 14, 2014
#: 214 Filed: 05/14/14 Page: 23 of 32 PageID #: 6181 D. There Were Releases or Threats of Releases of Hazardous Substances from the Rail Lines CERCLA defines a โreleaseโ as โany spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment . . . .โ 42 U.S.C. ยง 9601(22). Asarco need not present a minimum amount of hazardous substances released from Union Pacificโs rail lines to establish its prima facie case.
Filed April 30, 2007
8 7. The definition of โreleaseโ in 42 U.S.C. ยง 9601(22) specifically excludes โany release which results in exposure to persons solely within a workplace.โ 8.
Filed July 22, 2016
No. 106 at ยถ 108. As alleged by Plaintiff, โ[b]oth the emissions of hazardous substances which settled on the Collinsville Town Site and the use of smelter waste as yard fill and for construction purposes by the Collinsville residents constitute disposal as that term is defined by CERCLA section 101(29), 42 U.S.C. ยง 9601(29).โ Doc.
Filed April 24, 2006
Thus, a release into the environment โdoes not require active participation by any responsible parties,โ Westfarm Associates Limited Partnership v. International Fabricare Institute, 846 F.Supp. 422, 431 (D.Md. 1993), and a release into the environment has been found where waste material contained hazardous substances, there were piles of drums stacked up with some partially buried in a sinkhole, there were stained soils, strong chemical orders were perceived at the site, there were no stormwater runoff controls, and drums with waste materials were burned in open. U.S. v. JG-24, Inc., 331 F.Supp.2d 14 (D.P.R. 2004). Similarly, a finding of cyanide, lead, cadmium, and other hazardous substances at the site of an electroplating business, when combined with evidence Case 2:06-cv-00083-LES-CSC Document 21 Filed 04/24/2006 Page 9 of 29 .5 The definition of โreleaseโ in 42 U.S.C. ยง 9601(22) specifically excludes โany release which results in exposure to persons solely within a workplace.โ .6 Like Becton, two of the cases involved occupational exposures that are statutorily excluded from coverage under CERCLA.
Filed February 17, 2017
Case 3:14-cv-08165-DGC Document 114 Filed 02/17/17 Page 9 of 24 L A W O FF IC E S G R E E N B E R G T R A U R IG 23 75 E A ST C A M E L B A C K R O A D , S U IT E 7 00 PH O E N IX , A R IZ O N A 8 50 16 (6 02 ) 44 5- 80 00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 5 Congressโ approach to the liability of owners was simple: it defined an โownerโ as any โperson owning . . . [a] facility.โ 42 U.S.C. ยง 9601(20). While this definition is circular on its face, its circularity โstrongly implies . . . that the statutory terms have their ordinary meanings rather than unusual or technical meanings.โ
Filed March 9, 2017
As such, benzene presumptively falls within CERCLAโs petroleum exclusion. 42 U.S.C. ยง 9601(14); See also Wilshire Westwood Assocs. v. Atl. Richfield Corp., 881 F.2d 801, 803โ04 (9th Cir. 1989) (petroleum exclusion applies to unrefined and refined gasoline, as well as gasolineโs indigenous components and additives that may be individually considered as hazardous substances under CERCLA).
Filed February 7, 2017
.โ See 42 U.S.C. ยง 9601(14) (โThe term โhazardous substanceโ . . . does not include petroleum, including crude oil or any fraction thereof . . . .โ).
Filed December 14, 2016
ECF No. 79 at ยถ 68. To prevail in a private cost recovery action under Section 107, a plaintiff must establish that: (1) the site on which the hazardous substances are contained is a โfacilityโ under CERCLA's definition of that term, Section 101(9), 42 U.S.C. ยง 9601(9); (2) a โreleaseโ or โthreatened releaseโ of any โhazardous substanceโ from the facility has occurred, 42 U.S.C. ยง 9607(a)(4); (3) such โreleaseโ or โthreatened releaseโ has caused the plaintiff to incur response costs that were โnecessaryโ and โconsistent with the national contingency plan,โ 42 U.S.C. ยงยง 9607(a)(4) and (a)(4)(B); and Case 2:15-cv-00201-SMJ Document 83 Filed 12/14/16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLAINTIFFโS MOTION TO DISMISS MONSANTOโS COUNTERCLAIMS - Page 10 BARON & BUDD. P.C. 3102 Oak Lawn Ave., Ste. 1100 Dallas, Texas 75219 Telephone: 214-521-3605 (4) the defendant is within one of four classes of persons subject to the liability provisions of Section 107(a).
Filed April 28, 2017
The case cited by Plaintiff to support its infirm declaratory judgment argument, Bank of Delaware v. Allstate Ins. Co., 448 A.2d 231 (Del. Super. 1982), is a typical example of how a declaratory judgment should work. There, the Bank of Delawareโs contractor refused to honor an indemnification and โhold harmlessโ agreement, when the Bank was sued under the โSuperfundโ statute, 42 U.S.C. ยงยง 9601 et seq., and the Bankโs insurer (Insurance Company of North America (โINAโ)), assumed the defense of the Bank. After doing so, the Bank and INA sued the contractor and its separate insurer seeking a declaration that the contractor and its insurer were obligated to defend and indemnify the Bank.