Fmc V. U.S. Department of Commerce 786f.Supp.471 (E.D. Pa.1992)
FMC Corp v. U.S. Department of Commerce
786F.Supp. 471 (E.D. Pa. 1992)
United States District Court
Facts:
A. This action is brought pursuant to the Comprehensive Environmental Response, Compensation and liability act of 1980, as amended by (CERCLA).
B. FMC seeks indemnification from the defendants for some portion of its present and future response cost of response in performing removal actions and other response actions in the Felicity.
C. FMC bases its claim on the United States Government activities during the period of January 1942 though 1945 relating to the operation of a rayon manufacturing facility at the Avtex site, and contends that these activities render the Government liable as an “owner,” “operator,” and/or “arranger” under section 107 of the CERCLA.
D. During WWII, after the bombing of Pearl Harbor and the Japanese conquest of Asia, the United States suffered a loss of 90 percent of its crude Rubber Supply. An Urgent need arose for a natural rubber substitute to be used in manufacturing airplane tires, jeep tires, and other related items.
Issue:
FMC presented evidence at trial showing that during the WWII period the Government participated in managing and controlling the Facility,which was owned by American Viscose Corporation requiring the facility to manufacture increasing quantities of high intensity rayon yarn, which involved the treatment of hazardous materials, and necessitated the disposal of hazardous materials.
Analysis:
FMC also presented evidence showing that the government owned “facilities” and equipped at the plant used in the treatment of hazardous materials.
A. During WWII, the Government took over numerous plants which, for a multitude of reasons, failed to meet production requirements,including a plant producing high tenacity rayon yarn.
B. Once the WPB determined that there was a need for substantial expansion of production capabilities at the Facility, Government personnel were assigned to
786F.Supp. 471 (E.D. Pa. 1992)
United States District Court
Facts:
A. This action is brought pursuant to the Comprehensive Environmental Response, Compensation and liability act of 1980, as amended by (CERCLA).
B. FMC seeks indemnification from the defendants for some portion of its present and future response cost of response in performing removal actions and other response actions in the Felicity.
C. FMC bases its claim on the United States Government activities during the period of January 1942 though 1945 relating to the operation of a rayon manufacturing facility at the Avtex site, and contends that these activities render the Government liable as an “owner,” “operator,” and/or “arranger” under section 107 of the CERCLA.
D. During WWII, after the bombing of Pearl Harbor and the Japanese conquest of Asia, the United States suffered a loss of 90 percent of its crude Rubber Supply. An Urgent need arose for a natural rubber substitute to be used in manufacturing airplane tires, jeep tires, and other related items.
Issue:
FMC presented evidence at trial showing that during the WWII period the Government participated in managing and controlling the Facility,which was owned by American Viscose Corporation requiring the facility to manufacture increasing quantities of high intensity rayon yarn, which involved the treatment of hazardous materials, and necessitated the disposal of hazardous materials.
Analysis:
FMC also presented evidence showing that the government owned “facilities” and equipped at the plant used in the treatment of hazardous materials.
A. During WWII, the Government took over numerous plants which, for a multitude of reasons, failed to meet production requirements,including a plant producing high tenacity rayon yarn.
B. Once the WPB determined that there was a need for substantial expansion of production capabilities at the Facility, Government personnel were assigned to