ALCATEL INFORMATION SYSTEMS v. State of Ariz.

ORDER

BROOMFIELD, District Judge.

Plaintiffs move for summary judgment on Chemical Waste’s CERCLA liability on the ground that site selection is not a necessary element to transporter liability for hazardous waste deposited at a “facility” as defined by the act. 1 Having considered the parties’ written submissions and heard oral argument, the court will deny plaintiffs’ motion.

Determining whether site selection is a necessary element of transporter liability requires interpretation of the applicable CERCLA provision:

any person who accepts or accepted any hazardous substances for transport to…