Raytheon Constructors Inc. v. Asarco Inc.

SEYMOUR, Circuit Judge.

Raytheon Constructors, Inc. (“Ray-theon”) appeals the decision of the district court holding it liable to ASARCO Corporation (“ASARCO”) as an “operator” and an “arranger” under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), 42 U.S.C. §§ 9601 et seq., in relation to the environmental cleanup at the Rawley Mine site in Saguache County, Colorado. ASARCO cross-appeals regarding damages. We reverse as to Raytheon’s liability and therefore need not reach the cross-appeal regarding damages.

I

The mine at issue in this case was owned by the…