ELR Citation: ELR 21025
No(s). 90-3531 (5th Cir. May 15, 1991)

The court holds that an officer and former majority shareholder of an asbestos product manufacturing facility is not personally liable for cleanup costs under §107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The court upholds the district court's finding that no genuine issue of material fact exists to show that the officer was an owner or operator of the facility within the meaning of CERCLA. First, the officer did not purchase the plant, and the position of majority shareholder is not equivalent to that of "owner." Second, the officer did not actually participate as an "operator" in any wrongful conduct that violated CERCLA. The officer lived in New York and visited the asbestos facility only two to four times per year to attend meetings and review financial statements, not to direct or personally participate in the improper disposal of asbestos or asbestos byproducts.

Counsel for Appellant
Scott R. Bickford
Martzell, Thomas & Bickford
338 Lafayette St., New Orleans LA 70130
(504) 581-9065

Counsel for Appellee
Ralph S. Hubbard III
Friend, Wilson & Draper
909 Poydras St., Ste. 2600, New Orleans LA 70112-1017
(504) 581-9595

Before THORNBERRY, HIGGINBOTHAM, and BARKSDALE, Circuit Judges.