Del-Ray Battery Co. v. Douglas Battery Co.

KING, Circuit Judge:

Appellants, battery recyclers, were sued under the Texas Solid Waste Disposal Act (the “SWDA”) in Texas state court for contribution to environmental clean-up costs incurred by Appellees. Appellants asserted in their defense that the Superfund Recycling Equity Act (the “SREA”) — an amendment to the federal Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) that exempts certain recyclers from liability for clean-up costs under CERCLA, and awards costs and fees to any recyclers improperly sued for contribution under CERCLA — applied to protect…