ELR Citation: 53 ELR 20096
No(s). 22-1789 (6th Cir. Jun 23, 2023)

The Sixth Circuit reversed a district court ruling in a lawsuit concerning 12 oil refinery sites that operated during World War II. The current owner of the refineries sought contribution from the U.S. government for environmental contamination discovered at the sites, arguing the government's production directives, rationing schemes, and wartime inspections made it an "operator" of each facility during the war. The district court granted partial summary judgment to the owner, holding that any reasonable juror would find the government operated each site during the war because it controlled what and how much the refineries would produce. The appellate court found that while the government influenced the refineries' business decisions during the war, that influence did not extend to their waste-related features and thus did not make the government a refinery "operator" under CERCLA. It reversed the district court ruling.