United States v. Sterling Centrecorp Inc.

CONCLUSIONS OF LAW

MORRISON C. ENGLAND, JR., Chief Judge.

I.THE ELEMENTS OF CERCLA LIABILITY1

1. This Court has previously held that in order to establish liability for response costs under Section 107(a) of CERCLA, 42 U.S.C. § 9607(a), Plaintiffs must make a four-part showing. First, Plaintiffs must prove that the Site is a “facility” as defined by CERCLA. Second, they must show that a “release” or “threatened release” of a hazardous substance from the facility has occurred. Third, Plaintiffs must establish that the release or threatened release caused Plaintiffs to incur response costs. Fourth…