Tramontana v. Varig Airlines

How courts have described this case

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

• finding that environmental contamination on a piece of property requiring remediation constitutes a single harm
• noting that Congress declined to include a nexus requirement in CERCLA and expressly \eliminated the element of causation from the plaintiff's liability case\
• finding that the volume of contaminants deposited on a site was not a reasonable basis for apportionment when no evidence of the characteristics of the contaminants and how they might interact was introduced
• Congress acted rationally in imposing retroactive liability on waste generators who \profited from inexpensive waste disposal methods that may have been technically 'legal' prior to CERCLA's enactment.\
• \Section 107(b)(3) sets forth a limited affirmative defense based on the complete absence of causation.\
• site owners liable regardless of degree of participation in disposal of hazardous wastes

Source: CourtListener parenthetical corpus (CC0).