Court Says Sole Shareholder of Company Owning Contaminated Site Liable as Operator

摘要

The sole shareholder of a single-purpose entity that owns a contaminated facility is liable as a current operator under federal superfund law, a federal district court held Jan. 7 (Litgo New Jersey Inc. v. Martin, D.N.J., No. 06-2891, 1/7/11). The U.S. District Court for the District of New Jersey said a current facility operator need not have operated the site when trichloroethylene (TCE) was disposed to be liable under the Comprehensive Environmental Response, Compensation, and Liability Act. At issue is a parcel of land in Somerville, N.J., where hazardous substances, namely TCE, were released during a fire in 1983. Afterwards, the New Jersey Department of Environmental Protection (DEP) undertook a cleanup action.