No 'Arranger' Liability for Public Utility In Sale of PCB-Containing Transformers

摘要

A public utility's sale of useful, but PCB-tainted, electrical transformers for reconditioning and resale isn't sufficient to establish its liability as a Su-perfund "arranger," the U.S. Court of Appeals for the Fourth Circuit ruled in a split decision (Consol. Coal Co. v. Georgia Power Co., 2015 BL 76552, 4th Cir., No. 13-1603, 3/20/15; PCS Phosphate Co. v. Georgia Power Co., 4th Cir., No. 13-1664, 3/20/15; Consol. Coal Co. v. Georgia Power Co., 4th Cir., No. 13-1617, 3/20/15; Consol. Coal Co. v. Georgia Power Co., 4th Cir., No. 13-1666, 3/20/15).