Written by Justin Gifford, General Counsel for PolicyFind
In Hinds Investments, L.P. v Team Enterprises, Inc., et al (2011 WL 3268027 (C.A.9 (Cal.))) (“Hinds I”), and Hinds Investments L.P. v Team Enterprises Inc. (2011 WL 3250461 C.A.9 (Cal.))) (Hinds II)Hinds Investments, L.P., a property owner pursued R.R. Street and Co. and others (“Street,” the manufacturer of a PCE filters & distillation units) in an attempt to prosecute a RCRA citizen suit for contributor liability and to attach CERCLA arranger liability for cleanup costs as an arranger/disposer of hazardous waste (used PCE). The original actions were brought in the eastern district of California where the District Court Judge granted Team’s motion for dismissal for the plaintiff’s failure to state a claim upon which relief could be granted. District Judge O’Neill found that the various defendants’ manufacture and sale of the useful dry-cleaning equipment did not rise to the level of arranging for the disposal of the hazardous waste. In both decisions, the Circuit Court’s decision was largely based upon the lack of an active role by the defendants in the disposal of the hazardous waste. Continue reading “Equipment Manufacturer Not Liable as Arranger of Hazardous Waste”