42 U.S.C. § 9624
Section 9624 · Methane recovery
This is § 124 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980
Amended 1 time on record
Applied in 3 court decisions — leading case Aviall Services, Inc. v. Cooper Industries, Inc. (2002)
Most recently applied in Williston v. Eggleston (July 2005)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
In the case of a facility at which equipment for the recovery or processing (including recirculation of condensate) of methane has been installed, for purposes of this chapter:
(1) The owner or operator of such equipment shall not be considered an “owner or operator”, as defined in section 9601(20) of this title, with respect to such facility.
(2) The owner or operator of such equipment shall not be considered to have arranged for disposal or treatment of any hazardous substance at such facility pursuant to section 9607 of this title.
(3) The owner or operator of such equipment shall not be subject to any action under section 9606 of this title with respect to such facility.
Subsection (a) of this section does not apply with respect to a release or threatened release of a hazardous substance from a facility described in subsection (a) of this section if either of the following circumstances exist:
(1) The release or threatened release was primarily caused by activities of the owner or operator of the equipment described in subsection (a) of this section.
(2) The owner or operator of such equipment would be covered by paragraph (1), (2), (3), or (4) of subsection (a) of section 9607 of this title with respect to such release or threatened release if he were not the owner or operator of such equipment.
In the case of any release or threatened release referred to in paragraph (1), the owner or operator of the equipment described in subsection (a) of this section shall be liable under this chapter only for costs or damages primarily caused by the activities of such owner or operator.