Trinity Indus., Inc. v. Chicago Bridge & Iron Co.

by
In 1988 Trinity acquired South Plant, 53 acres in Greenville, and manufactured railcars there until 2000. Some buildings are now vacant and some are used for storage. Pennsylvania initiated enforcement proceedings concerning release of hazardous substances in 2006, which resulted in Trinity pleading no contest to misdemeanor counts of unlawful conduct. Trinity and the Pennsylvania Department of Environmental Protection entered into a consent order; pursuant to Pennsylvania’s Hazardous Sites Cleanup Act and Land Recycling and Environmental Remediation Standards Act, Trinity agreed to fund and conduct Response Actions under a schedule approved by DEP. Trinity claims to have undertaken preliminary investigation but has yet to perform remediation. Trinity sought contribution from CB&I, the prior owner, which had constructed a facility for manufacturing steel products on the site in 1910 and had operated for 75 years. Trinity alleges that CB&I contaminated sections of South Plant through abrasive blasting, submerging steel plates in acid, and painting. The district court granted CB&I summary judgment on claims under the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. 9601-9675, and the Resource Conservation and Recovery Act, 42 U.S.C. 6901. The Third Circuit affirmed with respect to the RCRA claim, but agreed with Trinity and the government that CERCLA does not require that a party have settled its liability under CERCLA in particular to be eligible for contribution. View "Trinity Indus., Inc. v. Chicago Bridge & Iron Co." on Justia Law