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United States v. Wade

577 F. Supp 1326 (1983)

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United States v. Wade

United States District Court for the Eastern District of Pennsylvania

577 F. Supp 1326 (1983)

Facts

A Chester, Pennsylvania dump site owned by Melvin Wade (defendant) had become contaminated by hazardous wastes. The United States (plaintiff) sued the property owners and others and sought clean-up-cost recovery under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) from Apollo Metals Inc., Congoleum Corporations, Gould Inc., and Sandvik Inc. (the generators) (defendants). The government claimed that the generators had produced waste that contaminated the Wade site because it was found that the generators had disposed of waste at the Wade site and that hazardous substances like those found in the generator’s waste were present at the site. The generators argued that the government must show that the generators’ actual waste was present at the site and had been the subject of a removal or remediation measure before they could be liable for clean-up costs. The generators also argued that, according to the original House Committee bill for CERCLA, the government must prove a causal relationship between their wastes and the costs incurred by the government in cleaning up the site as required by CERCLA and the doctrine of proximate cause.

Rule of Law

Issue

Holding and Reasoning (Newcomer, J.)

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