ELR Citation: ELR 20474
No(s). 93-C-324 (E.D. Wis. Sep 29, 1994)

The court holds that a corporate purchaser of the assets of a company that disposed of waste at a contaminated site is not liable under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) as a successor corporation. Although the purchasing company retained the employees, remained at the same location, used the same production facilities, and made the same product, it is not a successor corporation for purposes of CERCLA liability. The ownership of the companies did not overlap, the purchaser had no knowledge of the previous owner's potential liability for the landfill cleanup, and only one hauler linked the seller with the landfill.

Counsel for Plaintiffs
Chris J. Trebatoski
Michael, Best & Friedrich
100 E. Wisconsin Ave., Milwaukee WI 53202
(414) 271-6560

Counsel for Defendants
Raymond J. Pollen
Riordan, Crivello, Carlson, Mentkowski & Steeves
710 N. Plankinton Ave., Milwaukee WI 53202
(414) 271-7722