United States Fourth Circuit

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Consolidation Coal Company v. Georgia Power Company, 13-1603

In the mid-2000s, plaintiff EPA added the Ward Transformer Company's facility in Raleigh, which had become contaminated with polychlorinated biphenyls, to its National Priorities List and initiated a costly removal action, for which defendants Consolidated Coal Company (Consolidated) and PCS Phosphate Company (PCS) have borne much of the cost. Consolidated and PCS filed a complaint against Georgia Power under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) contending that, as supplier of some of the transformers to Ward, Georgia Power should be liable for a contribution to those costs. Summary judgment in favor of Georgia Power is affirmed, where the circumstances of the transformer sales by defendants Georgia Power and Savannah Electric do not indicate the intent to dispose of polychlorinated biphenyls and therefore do not support arranger liability.

Appellate Information

  • Decided 03/20/2015
  • Published 03/20/2015

Judges

  • Agee

Court

  • United States Fourth Circuit

Counsel