No Superfund Liability for Engineer
CERCLA,Disposal of Hazardous Materials,Potentially Responsible Parties,PRP,Response Action Contractor,superfund
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The City of North Miami hired an engineering firm (“BB&L”) to assist it in implementing an environmental cleanup plan for a landfill that was on the U.S. EPA National Priorities List because of uncontrolled hazardous releases that included ammonia leaching into the groundwater. The firm conducted hydrogeologic studies of the aquifer and used those studies [...]
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Contractor not Liable under Superfund Law for Accidently Damaging Methanol Pipeline with Backhoe Causing Environmental Damages
ConstructionRisk.com Report Vol. #13, Issue #1
See article in the following topic indices:
arranger liability,CERCLA,Environmental Conditions,superfund
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The United States Court of Appeals for the Fifth Circuit held that a contractor has no “arranger” liability under the Superfund law (CERCLA) for unconsciously denting a methanol pipeline that several years later cracked, thereby resulting in the release of methanol and causing environmental damage. In the absence of intentional steps or plans by the [...]
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