ELR Citation: ELR 20218
No(s). 4:09CV1379 (E.D. Mo. Jul 30, 2010)

A district court dismissed a landfill owner's CERCLA §§107 and 113 claims against a company for recovery of costs and other damages it allegedly incurred or will incur in connection with its landfill in Maryland Heights, Missouri. The company's subsidiary, which is now insolvent, operated the site's gas collection system, which was the source of the pollution. The landfill owner claimed that the subsidiary was a fraudulent effort by the company to avoid liability for its involvement in the site. But this claim is conclusory and fails to set out sufficient facts to establish the necessary fraud or injustice. In addition, the complaint fails to sufficiently set out the requisite allegations to state a claim against the company under an alter ego theory for piercing the corporate veil. While the landfill owner does allege that the officers from the company made decisions concerning the operation of the subsidiary, attended meetings on its behalf, and failed to provide sufficient capital to operate, the owner failed to sufficiently allege that the company and the subsidiary operated as a single entity.