ELR Citation: ELR 20161
No(s). 83-2670 C (2) (E.D. Pa. Jan 8, 1985)

The court holds that under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the state may seek to recover response costs for cleanup of dioxin released at the Minker hazardous waste facility, even though defendant's liability is premised upon arrangements made by its corporate predecessors to dispose of the waste at another site. The court rules that CERCLA imposes liability on those who arranged for disposal of hazardous substances that subsequently are released. Considering CERCLA §101(22)'s broad definition of "release," the court rules that the dioxin originally disposed of at the site chosen by defendant was released into the environment when it was transported to and disposed of at the Minker site.

Counsel for Plaintiffs
Paul Otto, Robert Lynn, Ass't Attorney General
8th Floor, Broadway Office Bldg., 221 W. High St.
P.O. Box 899, Jefferson City MO 65102-0899
(314) 751-8784

Shelley Woods, Ass't Attorney General
Broadway State Office Bldg.
P.O. Box 899, Jefferson City MO 65102
(314) 751-8811

Counsel for Defendants
F. William McCalpin
Lewis and Rice
611 Olive St., Suite 1400, St. Louis MO 63101
(314) 231-5833

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

Joseph M. Spivey III
Hunton & Williams
707 E. Main St., Richmond VA 23212
(804) 788-8451