ELR Citation: ELR 21461
No(s). 83 Civ. 6402 (RPP) (S.D.N.Y. Feb 1, 1994)

The court holds that a solid waste collection and transport company may be held liable under §107(a)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) as arranging for transport of hazardous waste that was eventually disposed of at the Cortese landfill in Narrowsburg, New York. A third party had agreed to take drums of waste the company had picked up from a customer. The third party allegedly later disposed of the drums at the landfill. The court holds that the company can be held liable as an arranger under CERCLA §107(a)(3) even though it was not aware of the site to which the waste was ultimately transported. The company possessed the hazardous substances and assumed an obligation to exercise control over their disposal when it independently arranged for the third party to dispose of the waste. An arranger is not required to be aware of the disposal site. The court distinguishes these circumstances from a case finding no arranger liability for a transporter that transported waste to a site selected by its customer. The court holds that holding the company liable as an arranger is supported by Congress' goals of creating a broad remedial statute in enacting CERCLA.

[A prior decision in this litigation is published at 21 ELR 21021.]

Counsel for Plaintiffs
Robert L. Ritter
Cole, Schotz, Meisel, Forman & Leonard
Court Plaza N.
25 Main St., P.O. Box 800, Hackensack NJ 07602
(201) 489-3000

Counsel for Defendants
John F. Stoviak
Saul, Ewing, Remick & Saul
3800 Center Sq. W., Philadelphia PA 19102
(215) 972-7777