ELR Citation: ELR 20344
No(s). 3:92CV506 (E.D. Va. Apr 14, 1993)

The court holds that a company that sold batteries to a transporter for disposal at a particular battery shredding facility, which the company knew at the time of sale would receive their batteries, is liable for response costs under the Comprehensive Environmental Response, Compensation, and Liability Act. Based on the seller's documentation of the transaction, the court holds that the seller had actual knowledge that the batteries were headed to the shredding facility. The court next notes it would be inequitable to hold parties that sent batteries to the site in question just once and had only post-sale, post-transfer confirmatory documents memorializing the sale liable, however, multiple dealings would not be required to justify the imposition of liability where there is actual knowledge. In this action, despite the seller's attempt to characterize the transaction as a "one-shot deal," that the seller had two-weeks prior notice that the batteries would be sent to the facility site shows that the company had actual knowledge and is therefore liable.

[Prior decisions in this action are published at 23 ELR 20648 and 20649.]

Counsel for Plaintiff
Richard K. Bennett
McSweeney, Burtch & Crump
P.O. Box 1463, Richmond VA 23212
(804) 783-6800

Counsel for Defendants
Irving Blank
Wells, Paris, Blank & Brown
P.O. Box 5347, Richmond VA 23220
(804) 355-0691