Motor Vehicles Operated for Personal Use and Involved in Accidents Are Not 'Facilities' Under CERCLA

摘要

The Seventh Circuit Court of Appeals concluded that CERCLA's consumer product exemption from "facilities" cannot be read to exclude privately owned and personally operated motor vehicles. The CERCLA language is clear and unambiguous on its face, and CERCLA'srnlegislative history, other statutes, and EPA's interpretation of the term "consumer product" all support the court's conclusion. Therefore, the appeals court affirmed the district court's dismissal of ESBC's suit for declaratory relief, and held that motor vehicles are consumer products under CERCLA, and subject to the consumer product exception.