Chemical Waste Mgt. v. Armstrong World Industries
Decision Date | 09 September 1987 |
Docket Number | Civ. A. No. 85-1703. |
Citation | 669 F. Supp. 1285 |
Parties | CHEMICAL WASTE MANAGEMENT, INC. v. ARMSTRONG WORLD INDUSTRIES, INC. |
Court | U.S. District Court — Eastern District of Pennsylvania |
Wolf, Block, Schorr & Solis-Cohen, Barry M. Klayman, Franklin Poul, Bruce S. Katcher, Philadelphia, Pa., for Chemical Waste Management, Inc.
David D. Wilson, Lancaster, Pa., for Armstrong.
Lee W. Shelly, Holmdel, N.J., for CPS Chemical Co.
George A. Spohrer, Wilkes-Barre, Pa., for Bridon American Corp.
John P. Campbell, Atlanta, Ga., for ITT Grinnell Corp.
Patrick W. Kittredge, Philadelphia, Pa., and Jeffrey G. Huvelle, Washington, D.C., for International Business Machines Corp.
Robert M. Britton, Philadelphia, Pa., for Apollo Metals, Inc.
Mitchell S. Pinsly, Mark N. Cohen, Margolis, Edelstein, Scherlis, Sarowitz & Kraimer, Philadelphia, Pa., for Vineland Chemical Co.
David J. Griffin, Philadelphia, Pa., for Basf-American Corp., Basf Wyandotte Corp. and Basf America Corp.
Denis V. Brenan, Frank M. Thomas, Jr., Marc Durant, Philadelphia, Pa., for Pfizer, Inc.
Patrick T. Ryan, Philadelphia, Pa., for Federal Mogue Corp.
James A. Goodman, Philadelphia, Pa., for Ashland Chemical Co.
Richard M. Pearlman, Alder Cohen & Grigsby, P.C., Pittsburg, Pa., J.W. Montgomery, III, J. Spencer Dreischarf, Cooper Industries, Inc., Houston, Tex., for McGraw-Edison Co. Frank A. Labor, III, Philadelphia, Pa., William N. Thee, Jr., Troy, Mich., for Armstrong World Ind. Inc., Bridon American Corp., ITT, Grinnell Corp., Federal-Mogul, Corp., Volkswagen of American Inc.
Edward M. Dunham, Jr., Philadelphia, Pa., Miller Marvin Dunham Doering Schreiber & Sloan, for Dabron Corp., Metzval Corp., Lyncott Corp., Lyncott Holdings, Inc., Park L. Metzger, Richard E. Valiga and Lee L. Metzger.
Barry M. Klayman, Philadelphia, Pa., for Waste Management, Inc. and S.C. Holding, Inc.
This action was brought under the liability provisions of the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 42 U.S.C. §§ 9601-9657 (1982).1 Plaintiff, Chemical Waste Management, Inc. ("Chem Waste"), seeks to recover "response costs"2 incurred or to be incurred as a result of the release or threatened release3 of hazardous substances4 at the Lyncott Landfill in New Milford, Pennsylvania (the "Lyncott facility"). Defendants have moved for summary judgment, arguing that they cannot be responsible for Chem Waste's response costs.
Summary judgment is proper "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact, and that the moving party is entitled to a judgment as a matter of law." Fed.R.Civ. P. 56(c); Celotex Corp. v. Catrett, 477 U.S. 317, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986). Movant bears the initial burden of informing the court of the basis for its motion, and indicating the absence of genuine issues of material fact. The nonmoving party must set forth specific facts showing that there is a genuine issue for trial; there is no issue for trial unless there is sufficient evidence favoring the nonmoving party for a jury to return a verdict for that party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, ___, 106 S.Ct. 2505, 2510-11, 91 L.Ed.2d 202 (1986). In deciding a motion for summary judgment, the court must construe the facts and inferences therefrom in the light most favorable to the nonmoving party. Pollock v. American Telephone & Telegraph, 794 F.2d 860, 864 (3d Cir.1986).
Chem Waste, its parent, Waste Management, Inc. ("Waste Management"), and several of Waste Management's wholly owned subsidiaries are engaged in the industrial, hazardous and chemical waste disposal business. Defendants, generators of hazardous waste, contracted with plaintiff and plaintiff's predecessor, the Stabatrol Corporation ("Old Stabatrol"), for the disposal of industrial waste material.
On November 14, 1980, Waste Management of Pennsylvania, Inc. ("WMPA"), a subsidiary of Waste Management, entered into an asset purchase agreement (the "Purchase Agreement") with Old Stabatrol, the owner and operator ("owner/operator")5 of the Lyncott facility, and the individual shareholders (the "Metzval parties") of 1533 North Fletcher Corporation, the sole shareholder of Old Stabatrol. WMPA acquired all the assets, rights, properties, and business of Old Stabatrol. These comprised, inter alia, all of the waste disposal contracts of Old Stabatrol, including those with the defendant generators, the business and trade name of "Stabatrol Corporation," all waste disposal facility permits and licenses, and all subsidiary corporations. After the sale, the Stabatrol Corporation became a wholly owned subsidiary ("New Stabatrol") of Chem Waste. Old Stabatrol changed its name to the Metzval Corporation and subsequently was dissolved.
The Purchase Agreement expressly provided that "Buyer shall not be liable for any of Old Stabatrol's past, present or future debts, obligations or liabilities of any kind, whether accrued, absolute, contingent, or otherwise," except for:
Exhibit 1 at 5 and Schedule H, Appendix of Documents in Support of the Motion for Summary Judgment by the Coalition Defendants and Vineland Chemical Company ("Defendants' Exhibits").
During the negotiations and in the Purchase Agreement, Old Stabatrol represented that the Lyncott facility was operating in full compliance with state and federal laws. In addition, prior to the acquisition, Waste Management examined the waste disposal permits and engineering plans of the facility and conducted several on-site inspections. At the time of the purchase, construction on two of the three disposal vaults had not been completed, and substantial work remained to be completed on all vaults. Defendants' Exhibit 6 at 8-10. The engineers of Waste Management concluded that, although there were some problems that might contribute to the operating costs, the design and construction of the facility appeared to be adequate.
Shortly after the acquisition, inspectors from the Pennsylvania Department of Environmental Resources ("DER") identified several violations of the DER permit and Pennsylvania environmental laws, including:
In March of 1981, the DER suspended the Lyncott facility's permit and ordered corrective action. Following the March order, DER inspectors continued to observe violations at the site, including Chem Waste's failure to implement all of the corrective actions ordered by the DER. The inspectors later concluded that the vaults were not constructed in accordance with the designs approved by the DER. The DER therefore issued a second order on September 4, 1981, which prescribed removal of all wastes from the site and submission of a Closure/Post-Closure Plan for the site. Chem Waste continued to refuse to comply with the DER orders. As a result, the DER suspended Chem Waste's hazardous waste transporter license and refused to approve permits and licenses for other Chem Waste waste disposal businesses in Pennsylvania. In August of 1982, the DER filed an action in state court to enforce its September 4, 1981 order. On September 28, 1984, Chem Waste entered into a settlement agreement with the DER whereby the DER agreed to discontinue denying permits and licenses to Chem Waste's other facilities if Chem Waste implemented the DER orders.
In June 1981, New Stabatrol commenced an action in the United States District Court for the Middle District of Pennsylvania against Old Stabatrol and the Metzval parties to rescind the Purchase Agreement on the grounds of fraud and misrepresentation. When this action failed to proceed quickly, Waste Management and Chem Waste commenced a second action in state court. The parties eventually settled all pending and potential claims. Although Waste Management rescinded the Purchase Agreement, the settlement agreement provided for, inter alia, Waste Management's maintenance of the Lyncott facility in compliance with the DER stipulation between Chem Waste and the DER (the "Maintenance Agreement").
In March of 1985, Chem Waste commenced this action against defendants.
Section 107 of CERCLA provides in pertinent part:
To continue reading
Request your trial-
Town of New Windsor v. Tesa Tuck, Inc.
...F.Supp. 1269 (E.D.Va.1992); Allied Corp. v. Acme Solvents, 691 F.Supp. 1100 (N.D.Ill.1988); Chemical Waste Management, Inc. v. Armstrong World Industries, Inc., 669 F.Supp. 1285 (E.D.Pa.1987); Pinole Point Properties, Inc. v. Bethlehem Steel Corp., 596 F.Supp. 283 (N.D.Cal.1984); City of Ph......
-
Kelley v. Thomas Solvent Co., K86-164
...under § 107(a)(4)(B). See Smith Land & Improvement Corp. v. Celotex, 851 F.2d 86, 90 (3d Cir.1988); Chemical Waste Mgmt. v. Armstrong World Indus., 669 F.Supp. 1285 (E.D. Pa.1987). Even in this context, courts have rejected equitable defenses arising in CERCLA. But cf. Mardan Corp. v. C.G.C......
-
U.S. v. Rohm and Haas Co.
...even where such costs were not incurred pursuant to CERCLA's statutory authority. See, e.g., Chemical Waste Management, Inc. v. Armstrong World Industries, 669 F.Supp. 1285 (E.D.Pa.1987) (holding costs of private party removal of hazardous waste to be recoverable from another private party ......
-
Barmet Aluminum Corp. v. Doug Brantley & Sons, Inc.
...1990); Sand Springs Home v. Interplastic Corp., 670 F.Supp. 913, 916 (N.D.Okla.1987); Chemical Waste Management, Inc. v. Armstrong World Indus., Inc., 669 F.Supp. 1285, 1291-92 (E.D.Pa.1987). See also Bethlehem Iron Works, Inc. v. Lewis Industries, Inc., 891 F.Supp. 221 (E.D.Pa.1995) for an......
-
CHAPTER 3 CERCLA LITIGATION: HOT TOPICS IN COST RECOVERY AND CONTRIBUTION ACTIONS
...Fair Allocation v. Axil Corp., 853 F. Supp. 575 (D. Conn. 1994); Chemical Waste Management, Inc. v. Armstrong World Industries, Inc., 669 F. Supp. 1285 (E.D. Pa. 1987); City of North Miami v. Berger, 828 F. Supp. 401 (E.D. Va. 1993); Kelley v. Thomas Solvent Co., 790 F. Supp. 710 (W.D. Mich......
-
The Comprehensive Environmental Response, Compensation, and Liability Act: the correct paradigm of strict liability and the problem of individual causation.
...that CERCLA is "an eleventh hour compromise" with inadequate legislative history); Chem. Waste Mgmt, Inc. v. Armstrong World Indus., 669 F. Supp. 1285, 1290 n. 6 (E.D. Pa. 1987) ("CERCLA's legislative history is sparse and generally uninformative" and "last-minute additions and deletions to......
-
Environmental Issues in Real Estate and Other Business Transactions
...owner. Mardan Corp. v. C.G.C. Music, Ltd., 804 F.2d 1454 (9th Cir. 1986); Chemical Waste Management v. Armstrong World Industries, 669 F.Supp. 1285 (E.D. Pa. 1987). ...
-
Tcl - Cercla Contribution Actions After Cooper v. Aviall - September 2005 - Natural Resource and Environmental Notes
...100 Stat. 1613, 1647 (1986). 10. 42 U.S.C. § 9613(f)(3)(B). 11. See, e.g., Chemical Waste Mgmt., Inc. v. Armstrong World Indus., Inc., 669 F.Supp. 1285 (E.D.Pa. 1987); Sand Springs Home v. Interplastic Corp., 670 F.Supp. 913 (N.D.Okla. 1987); Southland Corp. v. Ashland Oil, Inc., 696 F.Supp......