G.J. Leasing Company, Incorporated, Doing Business as Cahokia Marine Service and S.I. Enterprises, L.P. v. Union Electric Company

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding no clear error in the district court’s conclusion that the plaintiff had not met its burden to establish that the asbestos removal was a necessary cost
• describing the “necessary” requirement as a useful deterrent that prevents plaintiffs from charging the expense of a property upgrade to defendants by undertaking significant costs to completely eliminate any contamination when more modest measures would make the site safe
• describing a case in which a court held that CERCLA imposed liability on the vendor of drained batteries where the vendor knew that the vendee dumped hazardous substances after obtaining the batteries as being “at the very frontier of the law”
• CERCLA cannot be invoked “to improve one’s property and charge the expense of improvement to someone else”
• release of asbestos inside building, with no leak outside, is not governed by CERCLA
• “The statutory limitation to ‘necessary’ costs of cleaning up is important. Without it there would be no check on the temptation to improve one’s property and charge the expense of improvement to someone else.”

Source: CourtListener parenthetical corpus (CC0).