ELR Citation: ELR 20700
No(s). 96-1969(JAG) (D.P.R. Apr 24, 2002)

The court holds that a corporation that was an independently contracted carrier of various industrial materials and substances was not a potentially responsible party under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for environmental contamination caused by a caustic soda spill. The court first holds that the corporation was never an owner of the contaminated site. The court also holds that the corporation never acted as operator of the site. Although the corporation made an effort to obtain control over the facility, the agreement to transfer was never formalized. The court further holds that the corporation never transported caustic soda to the facility. Therefore, the corporation cannot be held liable under CERCLA for contribution of any response action costs incurred in relation to the cleanup of the site.

The full text of this decision is available from ELR (7 pp., ELR Order No. L-518).

Counsel for Plaintiffs
Ricardo Pascual-Villaronga
Mercado & Soto
1225 Ponce de Leon Ave., San Juan PR 00902
(787) 723-5434

Counsel for Defendants
Lydia Lizarribar-Buxo
Lizarribar-Buxo & Associates
358 Rotarios Ave., San Juan PR 00902
unlisted