Outside Publication

Fifth Circuit Holds Lack of Intent to Dispose is Dispositive in Rejection of Cercla 'Arranger' Liability in Soil and Groundwater Contamination Case, Environmental Liability, Enforcement & Penalties Reporter

March 2015

After purchasing property that formerly served as the site of a dry cleaning facility, Vine Street, LLC discovered that the soil and groundwater were contaminated with perchloroethylene. 

Vine Street filed suit in federal court asserting claims under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Texas Solid Waste Disposal Act (TSWDA), against parties with historical relationships with the site. Despite find that Norge, a former equipment and services provider, did not intent to allow any discharge, the District Court held it responsible for 75 percent of the past, present, and future cleanup costs, and Vine Street was only responsible for 25 percent.

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