ELR Citation: ELR 20642
No(s). 87-1799-T (D. Mass. Nov 25, 1991)

The court holds that corporate officers and directors who were not personally involved in the storing of hazardous waste are not personally liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The court first holds that ferric ferrocyanide is a hazardous substance under CERCLA because it is on EPA's list of hazardous substances in the table at 40 C.F.R. §302.4, under the general heading of cyanides. The plain meaning of cyanides includes complexes such as ferric ferrocyanide. The court next holds that the corporate officers and directors are not liable as "owners or operators" under CERCLA §107(a). They were not involved in the storing of hazardous waste and did not become involved in managing the company until after the dumping ceased. Evidence that one of the company's employees uncovered hazardous material and smeared it on the track of a bulldozer is insufficient to establish that the corporate officers engaged in the disposal of hazardous waste.

Counsel for Plaintiff
Robert Ritchie, Alan Fierle, Ass't Attorneys General
1 Ashburton Pl., Boston MA 02108
(617) 727-2200

Counsel for Defendants
Christine M. Gravelle, Peter J. McGinn, John Voorhees
Tillinghast, Collins & Graham
1 Old Stone Sq., Providence RI 02903
(401) 456-1200