Consolidation Coal Co. v. Georgia Power Co.

Affirmed by published opinion. Judge AGEE wrote the majority opinion, in which Judge SHEDD joined. Judge WYNN wrote a dissenting opinion.

AGEE, Circuit Judge:

In the early 1980s, Georgia Power, a utility company that supplies power to most of Georgia, sold many of its used electrical transformers at auction to Ward Transformer Company (“Ward”). These electrical transformers contained insulating oil, and some of that oil contained polychlorinated biphenyls (“PCBs”), toxic compounds that have been banned since 1979. Ward repaired and rebuilt used transformers, including those it purchased from…