United States Ninth Circuit

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Team Enterprises, LLC v. Western Investment Real Estate Trust, 10-16916

In an action involving whether the manufacturer of a machine used in the dry cleaning process may be held liable for contribution to environmental cleanup costs on the basis of "arranger" liability under the CERCLA, 42 U.S.C. sections 9601-9675, and other state claims, summary judgment in favor of defendant is affirmed where to satisfy the intent requirement, a company selling a product that uses and/or generates a hazardous substance as part of its operation may not be held liable as an arranger within the meaning of the CERCLA unless the plaintiff proves that the company entered into the relevant transaction with the specific purpose of disposing of a hazardous substance.

Appellate Information

  • Decided 07/26/2011
  • Published 07/26/2011

Judges

  • O’SCANNLAIN

Court

  • United States Ninth Circuit

Counsel

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