Commercial Logistics Corp. v. ACF Industries, Inc.

ORDER

Plaintiff-appellant Commercial Logistics Corporation (“CLC”) filed suit in 2004 under the Indiana Environmental Legal Action statute, Ind.Code §§ 13-30-9-1 et seq. (“ELA”), seeking reimbursement for the costs it has incurred and will incur to remediate petroleum contamination on its property, which was formerly owned by defendant-appellee ACF Industries, Inc. (“ACF”). CLC filed the suit in Indiana state court, and ACF removed it to federal court based on the diverse citizenship of the parties. 28 U.S.C. § 1332. The district court entered summary judgment in favor of ACF, holding that…