ELR Citation: ELR 20805
No(s). s. 1:89-CV-961, -503 (W.D. Mich. Mar 26, 1991)

The court holds that issues of material fact remain concerning the liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERLCA) of a corporate officer. Ruling on the corporate officer's motion for reconsideration of the court's denial of his motion for summary judgment, the court notes that the test for CERCLA liability for a corporate officer is heavily fact-specific. The court must weigh a number of factors, including the officer's position in the company, degree of authority, percentage of ownership, role in board decisionmaking and daily management, knowledge of and responsibility for waste disposal policy, and personal involvement with and ability to control hazardous waste matters. The court holds that unresolved factual issues preclude summary judgment in this case. These issues include the corporate officer's corporate positions, share of stock, and degree of control over hazardous waste disposal matters.

[A previous decision in this litigation is published at 21 ELR 20802.]

Counsel are listed at 21 ELR 20802.