Tag Archives: CERCLA

A Company Can Be Held Liable As An Owner Under CERCLA Even Though It Does Not Own The Contaminated Property

By Gerard M. Giordano on June 17th, 2013 Posted in Environmental Litigation

In EPEC Polymers, Inc. v. NL Industries Inc., Civ. Action No. 12-3842 (D.N.J. May 24, 2013), defendant NL Industries Inc. owned property on one side of the Raritan River, where it produced and discharged waste to the river. Plaintiff EPEC Polymers, Inc. owned property on the opposite side of the river. The U.S. Army Corps… Continue Reading

Sole Shareholder Of Company That Owns Contaminated Property Can Be Held Liable Under CERCLA As Current Operator

By Gerard M. Giordano on June 8th, 2011 Posted in Environmental Litigation

In the case of Litgo v. Martin, 2011 WL 65933 (D.N.J. Jan. 7, 2011) the federal District Court of New Jersey held that a shareholder of a single-purpose entity that owns a contaminated facility is liable as a current operator under the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. Sec. 9601 et al…. Continue Reading