Recent Development by Joshua P. Fershee
Following a multimillion dollar cleanup of industrial facilities that were contaminated with hazardous materials, Aviall Services, Inc. (Aviall) filed a Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) contribution claim against Cooper Industries, Inc. (Cooper). Aviall purchased the facilities, along with an aircraft engine maintenance business, from Cooper in 1981. The engine maintenance business required the use of hazardous materials that ultimately seeped into the ground and groundwater, causing contamination. It was not until years after the purchase that Aviall discovered the facilities were contaminated, although the pollution continued under Aviall's management as well.
Aviall alerted the Texas Natural Resources Conservation Commission (TNRCC) of the facilities' contamination. The TNRCC subsequently notified Aviall that it was in violation of Texas environmental laws. Following that notification, Aviall began a ten-year, multimillion dollar environmental cleanup in 1984. In 1995, Aviall contacted Cooper seeking reimbursement for the cleanup expenses. To that end, Aviall filed contribution claims under CERCLA § 113(f)(1) and state statutes. The United States Court of Appeals for the Fifth Circuit held that CERCLA § 113(f)(1) contribution claims are only available for parties subject to an adjudicated or pending federal CERCLA § 106 or § 107(a) action. Aviall Servs. v. Cooper Indus., Inc., 263 F.3d 134, 137 (5th Cir.), reh'g en banc granted, 278 F.3d 416 (5th Cir. 2001).
About the Author
Joshua P. Fershee.
Citation
76 Tul. L. Rev. 1749 (2002)