United States v. Aceto Agricultural Chemicals Corp. case brief

United States v. Aceto Agricultural Chemicals Corp. case brief

872 F.2d 1373 (8th Cir. 1989)

CASE SYNOPSIS: Defendant polluters and plaintiff Government appealed the order of the United States District Court for the Southern District of Iowa, which denied the polluters' motion to dismiss the Government's complaint under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), specifically 42 U.S.C.S. § 9607(a)(3). The Resource Conservation and Recovery Act (RCRA), specifically 42 U.S.C.S. § 6973(a), claim was dismissed.

FACTS: The Government's complaint alleged that the polluters, who owned pesticides, were liable for response costs for contributing to a site's handling, treatment, and disposal of hazardous wastes and arranging for the pesticides' disposal at the site, pursuant to CERCLA and RCRA, specifically 42 U.S.C.S. §§ 6973(a), 9607(a)(3). On appeal, the polluters contended that they did not own or control the pesticides and did not intend to dispose of them and that a company was hired to formulate the pesticides. 

DISCUSSION

• The court held that the Government's allegations were sufficient to withstand Fed. R. Civ. P. 12(b)(6) motions to dismiss under CERCLA and RCRA because the complaint revealed no insuperable bar to relief. 
• The polluters were liable for response costs under CERCLA because they arranged for the disposal of hazardous substances, which they owned, at a facility where a release or threatened release occurred. 
• The polluters could not contract away their responsibility. 
• Similarly, the Government sufficiently alleged that the polluters contributed to the disposal of solid or hazardous wastes under RCRA. 
• No allegation of control was required. RCRA was not to be narrowly construed.

CONCLUSION: The court affirmed the lower court's denial of the polluters' motion to dismiss the Government's complaint that the polluters arranged for the disposal of hazardous substances. The court reversed the lower court's grant of the polluters' motion to dismiss the Government's complaint that the polluters contributed to the disposal of hazardous wastes.

---
Interested in learning how to get the top grades in your law school classes? Want to learn how to study smarter than your competition? Interested in transferring to a high ranked school?