Eighth Circuit Reverses Summary Judgment Finding Of CERCLA Arranger Liability

On December 10, the Eighth Circuit Court of Appeals, in a 2-1 decision, reversed a trial court's summary judgment finding that Dico, Inc. had arranger liability under CERCLA for selling buildings known to contain PCB-contaminated insulation. United States v. Dico, Inc., et al, No. 14-2762 (8th Cir. 2015). The Court found that under the U.S. Supreme Court opinion in Burlington Northern and Santa Fe Railway Co. v. U.S., 129 S. Ct. 1870 (2009), the determination of intent to arrange for disposal of a hazardous substance is fact-specific, and that because there was some evidence that the buildings had some commercial value, there was a genuine factual dispute as to whether Dico's intent in selling the buildings was to dispose of the PCB-contaminated insulation. The case was remanded to the trial court for trial. The case arises out of the sale by Dico of buildings to Southern Iowa Mechanical (SIM). The buildings had been subject to a cleanup order by EPA. After cleanup, the