Outside Publication

Chapter 4: Cross-Border Air Emissions May Give Rise to CERCLA Liability, Key Developments in Environmental Law 2015


On December 31, 2014, in a matter of first impression, Judge Lonny Suko of the U.S. District Court for the Eastern District of Washington concluded that air emissions that contain hazardous substances alone are not considered “disposals” under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), 42 U.S.C. §§9601-9675, but if these substances later settle onto land or water, they have been “disposed” of at a “facility”, thereby creating “arranger” liability.

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