ELR Citation: ELR 20182
No(s). 09-4405 (N.D. Cal. Jun 23, 2010)

A district court dismissed, with leave to amend, an insurer's CERCLA action against companies that sought recovery of costs it incurred on behalf of one of its insureds. The insurer's allegations failed to state a claim under CERCLA §107(a). The allegations, among other things, failed to show that the companies arranged for the disposal of their own or anyone else's hazardous waste at the site. In fact, the allegations show that the only thing one of the companies did at the site was attempt to clean it up. Allegations describing a company's removal and remediation efforts do not meet CERCLA's definition of "disposal."