ELR Citation: 43 ELR 20187
No(s). 11-cv-497 (S.D. Ill. Aug 13, 2013) (Herndon, J.)

A district court held that a cartage company that leased a parcel of land in the 1960s may be held liable for response costs the property owner incurred at the site under CERCLA as an operator, transporter, or arranger, but not as an owner. In its motion for partial summary judgment as to the company's liability under CERCLA, the current owner sufficiently showed facts demonstrating the company's liability as a former "operator" of the site. The current owner also demonstrated the existence of facts supporting its alternate theory that the cartage company is liable as an "arranger" or "transporter." But the company may not be held liable as an "owner." Under the terms of the lease, the company was not free to assign, encumber, or otherwise alienate its interest in the site without the owner's written consent; its right to make alterations to the site was restricted; it did not pay taxes on the land; it was required to return the land to its initial condition when the lease expired; and it was required to allow the owner to enter the premises at will.