ELR Citation: ELR 20064
No(s). CIV 89-0188 PHX RCB (D. Ariz. May 3, 1991)

The court holds that Arizona is not liable as an "arranger" under §107(a)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act for response costs related to hazardous materials deposited at the Hassayampa landfill near Phoenix, Arizona. The state did not constructively own or possess the wastes deposited at the landfill. Although Arizona gave permission through a manifest system for waste to be deposited at the landfill, it was not authorized by the actual waste owners to decide on their behalf where and how the waste would be deposited. The waste owners had other disposal options even after the manifests had been approved.

[Previous decisions in this litigation are published at 21 ELR 20547 and 20549.]

Counsel for Plaintiffs
Eugene D. Cohen, Lawrence G. D. Scarborough
Brown & Bain
2901 N. Central Ave., P.O. Box 400, Phoenix AZ 85001
(602) 351-8000

Counsel for Defendants
Norman D. James
Ryley, Carlock & Applewhite
101 N. 1st Ave., Ste. 2600, Phoenix AZ 85003
(602) 258-7701

Linda J. Pollock, Ass't Attorney General
1275 W. Washington, Phoenix AZ 85007
(602) 542-4266