CERCLA Claims Against 2 Cos. Dropped In Oil Suit

Law360, New York (February 22, 2010, 1:08 PM EST) -- Sloss Industries Corp. and Rescar Inc. can't be held responsible under federal law for the costs of cleaning up an oil spill from a railcar bound for Marathon Petroleum Co., but might still be liable under state law, a judge has said.

Sloss, the seller of the spilled oil, and Rescar, which inspected the car weeks before the spill, are not “operators” under the Comprehensive Environmental Response, Compensation and Liability Act and cannot be held liable, Judge Robert Chambers ruled Thursday in the U.S. District Court...
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