Aviall Services v. Cooper Industries: The Fifth Circuit makes securing CERCLA contribution for environmental cleanup a messy proposition
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Authors
Fershee, Joshua P.
Issue Date
2002
Volume
76
Issue
5-6
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
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 198 . 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)(l) 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. AviallServs. v Cooper lndus., Inc., 263 E3d 134, 137 (5th Cir.), reh'g en bancgrantead 278 E3d 416 (5th Cir. 2001). en bancgrantead 278 E3d 416 (5th Cir. 2001).
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)(l) 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. AviallServs. v Cooper lndus., Inc., 263 E3d 134, 137 (5th Cir.), reh'g en bancgrantead 278 E3d 416 (5th Cir. 2001). en bancgrantead 278 E3d 416 (5th Cir. 2001).
Description
Citation
Joshua P. Fershee, Case Note, Aviall Services v. Cooper Industries: The Fifth Circuit Makes Securing CERCLA Contribution for Environmental Cleanup a Messy Proposition, 76 Tul. L. Rev. 1749 (2002).