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· 7/26/2011

Team Enterprises, LLC v. Western Investment Real Estate Trust

Citations

  • 647 F.3d 901
  • 41 Envtl. L. Rep. (Envtl. Law Inst.) 20245
  • 73 ERC (BNA) 1321
  • 2011 U.S. App. LEXIS 15383
  • 2011 WL 3075759

How courts have described this case

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

  • holding that “action causing” the “unauthorized” “entry” onto plaintiff's property may “support a cause of action for trespass”
  • recognizing goal of preventing an end-run through contract
  • “[A]ctions taken with the intent to dispose of a hazardous substance are. sufficient for arranger liability.” (second emphasis added)
  • in post -Burlington Northern case, noting “[t]he useful product doctrine serves as a convenient proxy for the intent element because of the general presumption that persons selling useful products do so for legitimate business purposes”
  • “Arranger liability ensures that owners of hazardous substances may not free themselves from liability by selling or otherwise transferring a hazardous substance to another party for the purpose of disposal.”
  • “Arranger liability ensures that owners of hazardous substances may not free themselves from liability by selling or otherwise transferring a hazardous substance to another party for the purpose of disposal.”

Source: CourtListener parenthetical corpus (CC0).

Judges: O'Scannlain, Gould, Amy, Eve

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.