ELR Citation: ELR 20364
No(s). TH 90-7-C (S.D. Ind. Mar 5, 1993)

The court holds that the owner and former operator of a lead acid battery facility is liable for response costs under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Although the owner disputes the necessity of the amount expended by the United States, it is undisputed that the United States has incurred response costs caused by the release of hazardous substances at the facility, which is all that is necessary to establish liability under §107(a). The court holds that the owner has no valid affirmative defenses, because none of the owner's affirmative defenses are listed in §107(b).

Counsel for Plaintiff
John H. Grady
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000

Counsel for Defendant
David E. Dearing
Cromer, Eaglesfield & Maher
1500 Market Tower
10 W. Market St., Indianapolis IN 46204
(317) 464-1500