Lessee Not Liable as 'Owner' for Subleasing To Dry Cleaner Releasing PCE to Groundwater

摘要

A lessee isn't liable under the Superfund law as an owner based on its sublease to a dry cleaner whose perchloroethylene (PCE) was released into groundwater, a federal court said Oct. 22 (Next Millennium Realty LLC v. Adchem Corp., 2014 BL 297929, E.D.N.Y., No. 03-CV-5985, 10/22/14). The lessee wasn't a de facto owner of the site under the terms of its lease with the owner, the U.S. District Court for the Eastern District of New York said. The terms of its sublease with a now-defunct dry cleaner are not relevant, the court said.