ELR Citation: ELR 20361
No(s). 84-1447-C(4) (E.D. Mo. Dec 16, 1985)

The court rules that §107 of the Comprehensive Environmental Response, Compensation, and Liability Act may be applied retroactively to acts committed prior to its enactment and that Missouri law extends long-arm jurisdiction to a foreign company that succeeded to the assets and liabilities of a Missouri corporation. The court rejects defendants' argument that plaintiff's failure to comply with CERCLA §106 was fatal to the claim since plaintiff is suing under §107. Addressing defendants' motions to dismiss for lack of personal jurisdiction, the court holds that it has jurisdiction over defendant Syntex (U.S.A.) by virtue of the state's long-arm statute since Syntex (U.S.A.) took over the assets and obligations of a former state corporation. The court further holds that it lacks jurisdiction over certain of the corporation's divisions, which did not have the requisite contacts with the state and maintained sufficient corporate separateness to insulate them from the court's jurisdiction over the parent company.

The court next holds that plaintiff may sue defendant company Syntex Agribusiness under the Missouri Hazardous Substances Act for cleanup costs incurred at a hazardous waste site. Plaintiff's pleadings alleged that defendant company had control over a hazardous substance at the time it was released from the site. Finally, the court holds that plaintiff stated a proper claim for response costs against defendant NEPACCO, a Delaware corporation, despite the company's 1973 forfeiture of its charter, since NEPACCO had never been dissolved.

Counsel for Plaintiff
John Ashcraft, Attorney General; David A. Taylor, Ass't Attorney General
Supreme Ct. Bldg., P.O. Box 899, Jefferson City MO 65102
(314) 751-3321

Counsel for Defendants
James C. Ochs
225 S. Meramec, Clayton MO 63105
(314) 725-9700

John J. Cole
Armstrong, Teasdale, Kramer & Vaughan
611 Olive St., Suite 1900, St. Louis MO 63101
(314) 621-5070