Marenghi v. Mobil Oil Corp.

The plaintiffs’ action under G. L. c. 21E (1992 ed.), the Massachusetts Oil and Hazardous Material Release Prevention Act, against the defendant was previously before us. See Marenghi v. Mobil Oil Corp., 416 Mass. 643 (1993). There a judge in the Superior Court had awarded summary *372judgment in favor of the defendant, holding that “[i]n the absence of a specific duty, by contract or otherwise, to take certain steps to prevent leaks [from the tanks], it cannot be said that [the defendant] ‘caused’ the release within the meaning of c. 21E, § 5 (a) (5). Otherwise, liability would arise from mere…