EPA v. CASINGS, INC

Case summary

THIS IS AN ACTION TO RECOVER THE COSTS INCURRED BY EPA IN TAKING RESPONSE ACTIONS AT THE CATSKILL TIRE FIRE SUPERFUND SITE. THE RESPONSE ACTIONS THAT HAVE BEEN TAKEN BY EPA TO DATE INCLUDE REMOVAL ACTIVITIES SUCH AS SAMPLING, ANALYSIS, FIRE FIGHTING ASSISTANCE AND ASSOCIATED ADMINISTRATIVE AND ENFORCEMENT ACTIVITIES. REIMBURSEMENT IS SOUGHT FROM TWO IDENTIFIED POTENTIALLY RESPONSIBLE PARTIES, WHO ARE OWNERS OR OPERATORS FOR PURPOSES OF SECTION 107A1 OF CERCLA, FOR ALL DIRECT AND INDIRECT COSTS INCURRED BY EPA IN CONNECTION WITH THE SITE AS WELL AS PREJUDMENT INTEREST AND THE GOVERNMENT'S LITIGATION COSTS. A REQUEST FOR A DECLARATORY JUDGEMENT AS TO LIABILITY FOR ANY POSSIBLE FUTURE COST IS ALSO RECOMMENDED. EPA SENT A LETTER WITH A NOTICE OF POTENTIAL LIABILITY, DEMAND FOR REIMBURSEMENT AND REQUEST FOR INFORMATION TO CASINGS, INC. ON 08/12/91. ON 09/16/91, CASINGS, INC. AND RICHARD EVANS OFFERED TO REIMBURSE THE EPA OSC'S COSTS ASSOCIATED WITH REVIEWING THE CLEANUP PLANS FOR THE SITE. THEY DO NOT OFFER, HOWEVER, TO REIMBURSE EPA'S RESPONSE COSTS ASSOCIATED WITH FIGHTING THE FIRE, BECAUSE THEY DO NOT BELIEVE THAT CERCLA COVERS RESPONSE COSTS TO ARGUMENT LOCAL FIREFIGHTING EFFORTS. IT APPEARS THAT A SETTLEMENT IS UNLIKELY. THE CASE ADDRESSES THE SCOPE OF THE CERCLA 107B3 DEFENSE, SINCE THE PROPOSED DEFENDANTS AGAINST WHOM EPA CAN ESTABLISH A PRIMA FACIE CASE FOR CERCLA LIABILITY WILL LIKELY ATTEMPT TO ASSERT SUCH A DEFENSE, BASED ON AN ACT OF CRIMINAL MISCHIEF THAT CAUSED THE RELEASE AND THREATENED RELEASE OF HAZARDOUS SUBSTANCES. THIS CASE SHOULD BROADEN THE SCOPE OF CASE LAW DEALING WITH THE DEFENSE, BECAUSE IT IS LIKELY THAT THE UNITED STATES WILL PREVAIL IN ESTABLISHING THAT A THIRD PARTY DEFENSE IS UNAVAILABLE WHEN A CERCLA DEFENDANT'S CONDUCT MADE THE THIRD PARTY'S MISCONDUCT POSSIBLE AND MADE THE CONSEQUENCE OF THAT CONDUCT LIKELY. DESPITE THE FACT THAT THE RELEASE OF HAZARDOUS SUBSTANCES IN THIS CASE RESULTED FROM THE ACT OF A THIRD PARTY UNRELATED TO THE PROPOSED DEFENDANTS BY CONTRACT, THE EVIDENCE INDICATES THAT THE PROPOSED DEFENDANTS EXERCISED LITTLE, IF ANY DUE CARE WITH RESPECT TO THE SOURCE OF THE RELEASE OF HAZARDOUS SUBSTANCES AND TOOK NO PRECAUTIONS AGAINST THE FORESEESABLE ACTS OF THE THIRD PARTY, OR THE CONSEQUENCES OF THOSE ACTS, THAT RESULTED IN THE RELEASE. ACTIONS TO RECOVER COSTS INCURRED BY EPA FOR REMOVAL ACTIONS MUST BE BROUGHT WITHIN THREE YEARS OF THE COMPLETION OF THE REMOVAL ACTION, UNLESS REMEDIAL CONSTRUCTION IS COMMENCED WITHIN THREE YEARS AFTER COMPLETION OF THE REMOVAL ACTION. THE FIRE WAS DECLARED TO BE UNDER CONTROL ON 03/03/ 89, AT WHICH TIME THE REMOVAL ACTION WAS TERMINATED. ACCORDINGLY, EPA HAS UNTIL 03/03/92, TO BRING AN ACTION TO RECOVER ITS RESPONSE COSTS AT THE SITE. * FACILITY NAME: CATSKILL TIRE FIRE ADDRESS: ROUTE 9 WEST & BOULEVARD AVE CITY & STATE: CATSKILL, GREEN COUNTY, NY * RICHARD EVANS BOX 487, R.D.1 RHINEBECK, NY 12572

Defendants (2)

• CASINGS, INCNamed in complaintNamed in settlement
• EVANS, RICHARDNamed in complaintNamed in settlement

Facilities (1)

• CATSKILL TIRE FIRE

  RTE 9 & BOULEVARD AVE, CATSKILL, NY, 12414

  Registry ID: 110010601731

Statutes cited

• CERCLA 107 — Superfund

Enforcement conclusions (1)

• CASINGS, INCentered 1996-02-12

  Primary law: CERCLA

Timeline (7 milestones)

• 1991-08-01Enforcement Action Data Entered
• 1991-09-30Referred To Dept Of Justice
• 1992-03-03Complaint Filed With Court
• 1996-02-12Final Order Lodged
• 1996-02-12Final Order Entered
• 1996-02-12Concluded
• 1996-03-06Enforcement Action Closed