Previous Owner Not Liable for Leaving Asbestos-Laden Heating System in Building

摘要

On October 20, 2008, the U.S. Court of Appeals for the Seventh Circuit upheld a district court decision that the former owner of buildings with an asbestos-laden heating system was not liable under CERCLA or RCRA for leaving the system in place when the property was sold (Sycamore Industrial Park Assoc. v. Ericsson Inc., No. 08-1118 [7th Cir. Oct. 20, 2008]). The appeals court ruled that there was no "disposal" and, therefore, no CERCLA liability, since the asbestos was not released to the environment. The court also determined that leaving the system in place was passive conduct, not the affirmative action required for RCRA liability. Accordingly, the appeals court affirmed the district court's grant of summary judgment for the defendant.