Section 10 Generator or Arranger Liability

• Library: Environmental Law 2007 Supp

In determining what is meant by arrangement of disposal, a court must look at the totality of the circumstances on an individual basis. United States v. Gordon Stafford, Inc., 952 F. Supp. 337, 340 (N.D. W. Va. 1997).

Pneumo Abex Corp. v. Bessemer & Lake Erie Railroad Co., 921 F. Supp. 336 (E.D. Va. 1996), cited in the original chapter, was reversed by Pneumo Abex Corp. v. High Point, Thomasville & Denton Railroad Co., 142 F.3d 769 (4^th Cir. 1998), on the ground that the railroad company was not disposing of the used and broken journal bearings by sending them to the refinery because the used material was valuable for the manufacturing of new wheel bearings. The Fourth Circuit pointed out that the metal contamination would have occurred even if virgin materials had been used to manufacture the new journal bearings.

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