ELR Citation: ELR 20423
No(s). 88-2660 (7th Cir. Dec 6, 1989)

The court holds that the city has no viable claims against the manufacturer of polychlorinated biphenyls (PCBs) for nuisance, abnormally dangerous activity, or trespass for discharging PCBs into the sewer system, where the claims arise from actions by the purchaser of the PCBs and not by the manufacturer. The court holds that the district court properly dismissed the nuisance claim because the manufacturer did not retain the right to control the PCBs beyond the point of sale to the purchaser. The trespass claim was similarly properly dismissed because the manufacturer did not command, request, or coerce the purchaser into depositing the harmful waste on city property. The court holds that the manufacture of PCBs is not in itself an abnormally dangerous nor ultrahazardous activity and any injury is attributable to the purchaser's lack of reasonable care in handling PCBs.

[A previous case in this litigation is published at 17 ELR 21185.]

Counsel for Plaintiffs-Appellants
Jeffrey Grodner
Mallor, Grodner, Bohrer
1011 N. Walnut, P.O. Box 1426, Bloomington IN 47402
(812) 336-0200

Counsel for Defendants-Appellees
David Beerz
Weil, Gotshal & Manges
1615 L St. NW, Washington DC 20036
(202) 682-7000

Before CUMMINGS, CUDAHY, and EASTERBROOK, Circuit Judges.