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United States v. Western Processing Co.

756 F. Supp. 1416 (1991)

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United States v. Western Processing Co.

United States District Court for the Western District of Washington
756 F. Supp. 1416 (1991)

Facts

Several transportation companies (transporter companies) transported various wastes generated by others to the Western Processing Co. (defendant). The transporter companies move to dismiss all claims against them based on the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The transporter companies asserted that they are not subject to liability under CERCLA or Washington’s Model Toxics Control Act unless they selected the Western Processing Co. site for the destination of the waste. Concerning the common carrier transporter companies, they argued that rules imposing strict liability do not apply if the common carrier requires the activity.

Rule of Law

Issue

Holding and Reasoning (McGovern, J.)

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