Waste Broker Faces CERCLA Liability; Possession Not Needed for Arranger Liability

摘要

A waste broker may face liability as an arranger for the disposal of waste under the Superfund law regardless of its control or possession of the waste, a federal courthas ruled (MEMC Pasadena, Inc. v. Goodgames Indus. Sol. LLC, S.D. Tex., No. 13-cv-00599, 10/27/15). The U.S. District Court for the Southern District of Texas Oct. 27 rejected the finding of the U.S. Court of Appeals for the First Circuit in Am. Cyanamid Co. v. Capuano, 381 F.3d 6 (1st Cir. 2004), that brokers must exercise control over waste amounting to constructive possession in order to face arranger liability.