United States Ninth Circuit
California Dep't of Toxic Substances Control v. Alco Pac., Inc., 05-55962
In a state agency's cost recovery action under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), seeking cleanup costs arising from the release of hazardous substances at a former lead processing facility, summary judgment for defendants, alleged "arrangers" who sold lead content materials to the facility's operators, is reversed where defendants were not entitled to summary judgment under the useful product doctrine because a reasonable finder of fact could infer from the evidence that the transactions at issue involved arrangements for disposal or treatment of a hazardous waste.
Appellate Information
- Argued 05/15/2007
- Decided 11/28/2007
- Published 11/28/2007
Judges
- FOGEL, District Judge:, Before: RAYMOND C. FISHER and RICHARD R. CLIFTON, Circuit Judges, and JEREMY D. FOGEL, District Judge.
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Laurie R. Pearlman, Supervising Deputy Attorney General, Edward H. Ochoa, Deputy Attorney General, Office of the Attorney General, San Diego, CA, for the appellant.
- For Appellees:
- Chris M. Amantea, Brandon J. Roker, Charles E. Weir, McDermott Will & Emery LLP, Los Angeles, CA, Eugene J. Frett, Sperling & Slater, P.C., Chicago, IL, for the appellees.