ELR Citation: ELR 21117
No(s). MO-88-CA-05 (W.D. Tex. Sep 20, 1989)

The court holds that former operators of the Texas Chromium I Site are liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107 for the government's response costs for the chromium contamination of an aquifer having potential residential use. The court holds that the site is a "facility" under CERCLA, and relies on a Fifth Circuit decision, Tanglewood East Homeowners v. Charles-Thomas, Inc., 18 ELR 21348, to find that mere ownership is enough to impose CERCLA liability. The court holds that CERCLA does not require proof that defendants caused contamination of the aquifer when they dumped chromium wastes on the surface, since the mere ownership of the site establishes liability. To treat the soil and groundwater contamination as two separate facilities would impose a causation requirement for the chromium plume emanating from the site. The court concludes that the government proved that a disposal of a toxic substance has taken place, that the government incurred response costs, and that defendants are liable as former site operators.

[A previous decision in this litigation is published at 20 ELR 20533. A subsequent decision appears to 20 ELR 21120.]

Counsel for Plaintiff
Thomas Bartman, Barbara Finnamore, Craig Johnson, Harry Kelso, Peter Mounsey
Land and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000

Winstanley Luke, Ass't U.S. Attorney
Federal Bldg., 727 E. Durango Blvd., San Antonio TX 78206
(512) 229-6500

Counsel for Defendant
Walter Batla, Kevin Beiter, Thomas Countryman, Eugene Labay
Cox & Smith
2000 NBC Bank Plaza, 112 E. Pecan St., San Antonio TX 78205
(512) 226-8395

Scott Deathrage, James Harris
Thompson & Knight
3300 First City Ctr., 1700 Pacific Ave., Dallas TX 75201
(214) 969-1700

Michael Morgan
Morgan, Ward & Leeton
306 W. Wall, Ste. 500, P.O. Box 1271, Midland TX 79702
(915) 683-0803

Bunton, J.