ELR Citation: ELR 20006
No(s). 00-3045 (6th Cir. Sep 4, 2001)

The court upholds a district court decision that a previous owner of property is not liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for any cleanup costs. The court first holds that the district court correctly found that there was no evidence that any release that occurred during the previous owners' ownership of the property caused any increase in the response costs incurred by the current owners. The court also holds that there is no evidence that any active human conduct on the part of the previous owners resulted in any additional contamination to the property. Further, the failure of the previous owner to prevent passive migration of hazardous substances during their ownership does not constitute a disposal and does not make them liable under CERCLA.

Counsel for Plaintiffs
Charles P. Royer
Kaufman & Cumberland
1500 Republic Bldg.
25 Prospect Ave. W., Cleveland OH 44115
(216) 861-0707

Counsel for Defendants
Irene C. Keyse-Walker
Arter & Hadden
1100 Huntington Bldg.
925 Euclid Ave., Cleveland OH 44115
(216) 696-1100

Wiseman, ^* J. Before Clay and Gilman, JJ.