Circuit split · environmental law
Whether a party that merely sells a useful product can be held liable as an 'arranger' for the disposal of hazardous substances under CERCLA § 107(a)(3)
1 federal appellate case on this question, each acknowledging the disagreement in its own words.
Ninth Circuit Court of Appeals · March 16, 2007
“8 The panel’s imposition of arranger liability on a mere seller, which relinquished control over its products upon delivery and before spillage occurred, goes far beyond the statutory language and creates inter- and in-tra-circuit splits.” — Acknowledges a circuit split
“20 By imposing arranger liability on a mere seller, the panel stretches the meaning of arranger liability beyond any cognizable limit and creates inter-circuit splits.” — Acknowledges a circuit split
Empirical analysis of this case →
The other side of the split
Decisions the acknowledging court(s) named as the opposing or joined side, quoted in the acknowledging opinion's own words.
- On the other side · 6th Cir.AM Int'l, Inc. v. Int'l Forging Equip. Corp.982 F.2d 989
- On the other side · 11th Cir.Fla. Power & Light Co. v. Allis Chalmers Corp.893 F.2d 1313
“Allis Chalmers Corp., 893 F.2d 1313 , 1317 (11th Cir.1990) (“If a party merely sells a product, without additional evidence that the transaction includes an ‘arrangement’ for the ultimate disposal of a hazardous substance, CERC-LA liability [can]not be imposed.”).” — United States v. Burlington Northern & Santa Fe Railway Co., acknowledging the split
- On the other side · 9th Cir.United States v. Shell Oil Co. (McColl)294 F.3d 1045
“While at it, the panel imposes “arranger” liability on Shell Oil for agricultural fertilizers that were spilled on the site by the buyer of Shell’s product, shipped by a common carrier in non-defective truck tankers, F.O.B.” — United States v. Burlington Northern & Santa Fe Railway Co., acknowledging the split
What the split turns on
- Anchor precedents:
- United States v. Shell Oil Co. (McColl)294 F.3d 1045
- Statutes:
- CERCLA § 107(a)(3)
- Doctrines & tests:
- arranger liability ·
- 'actual control' requirement for arranger liability
Cases are grouped by the legal question they announce a split on, classified from the court's own acknowledgment sentence. Verified acknowledgments only. Counter-side decisions are extracted from the acknowledging opinions' own text and linked only when the citation resolves in this corpus. See all circuit splits.