Vine Street LLC v. Keeling

Borg Warner appealed the district court's determination that it is liable to Vine Street for 75% of the costs associated with cleaning up a plume of perchlorethylene (PERC) that discharged from a dry cleaning business under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), 42 U.S.C. 9607(a)(3), and the Texas Solid Waste Disposal Act (TSWDA), Tex. Health & Safety Code 361.271(a)(3). The liability was associated with a former subsidiary of Borg Warner, Norge, which furnished dry cleaning equipment, design assistance, and an initial supply of PERC to the cleaning business. The court concluded that Borg Warner is entitled to judgment in its favor on the CERCLA and TSWDA claims because Norge did not intentional y dispose of a waste product when it sold dry cleaning equipment and an initial supply of PERC to the dry cleaning business. The court noted that the Supreme Court's decision in Burlington Northern & Santa Fe Railway Co. v. United States changed the relevant law while this case was on appeal. Therefore, the court held that the district court's decision cannot stand in light of Burlington Northern. View "Vine Street LLC v. Keeling" on Justia Law