The United States of America filed suit against 14 separate companies in the Eastern District of Michigan on Friday. The plaintiff alleges that the defendants violated the Comprehensive Environmental, Response, Compensation, and Liability Act (CERCLA) when they released unauthorized and hazardous substances at the Dearborn Refining Superfund Site in Dearborn, Michigan. The complaint was filed at the request of the Environmental Protection Agency (EPA).
CERCLA gives the government the opportunity to “respond to releases or threatened releases of hazardous substances and other pollutants or contaminants.” If the government finds that there is a threat present in an environmental release, they have the authority to act remedially and recover the associated costs from the entities responsible for the contamination.
Until 2006, the Dearborn Refining Superfund Site was a waste oil recycling business. When the EPA conducted investigations in 1999 and 2000, their results revealed that the soil at the site was contaminated with lead, arsenic, and polychlorinated biphenyls that exceeded regulations. Further inspections by the Michigan Department of Environmental Quality produced similar findings.
A 2006 inspection revealed tens of thousands of gallons of hazardous substances at the site, with “evidence of oil or chemical spills” and tanks that were “actively leaking.” The plaintiff has taken previous action regarding the condition of the Dearborn site, but the present complaint asserts that they have not yet recovered all associated costs.
Each of the defendants has released or threatened to release hazardous substances at the site. The complaint explains that the plaintiff “took response actions in response to the release and threatened release of hazardous substances at the Site,” actions which caused them to incur $1,975,790 in response costs.
The plaintiff contends that the defendants are “jointly and severally liable for all of the United States’ response costs.” The complaint cites cost recovery and declaratory judgment for recovery of further response costs. The plaintiff is seeking favorable judgment on each count, litigation fees, for the defendants to be found liable for all response costs, and any other relief deemed proper by the court.
The plaintiff is represented by the U.S. Department of Justice.
