ELR Citation: ELR 20346
No(s). 83-642 C(2) (E.D. Mo. Apr 1, 1985)

In an action to recover response costs from a corporate hazardous waste generator under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the court holds that it lacks personal jurisdiction over defendant's parent corporation. Initially, the court rules that since CERCLA does not authorize nationwide service of process, the court may exercise jurisdiction only if the corporate parent is subject to service in the courts of Missouri. The court rules that jurisdiction over a subsidiary confers jurisdiction over the parent only when the two do not function as separate entities. It then finds that under the facts of this case the presumption of corporate separateness remains intact. The subsidiary makes its own business decisions, raises capital independently, and keeps separate records. Since the parent owns no property in the state and has committed no act giving Missouri courts long-arm jurisdiction, the court holds that it lacks jurisdiction and grants the parent corporation's motion to dismiss. The court also lifts an order staying discovery on the merits.

[Related cases appear at 14 ELR 20212 & 20265 and 15 ELR 20210 & 20346.]

Counsel are listed at 15 ELR 20210.