RECENT FEDERAL DECISIONS

December 2008

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Seventh Circuit Holds Sale of Property with Asbestos-Containing Fixtures Does Not Trigger CERCLA or RCRA Liability
Sycamore Industrial Park Associates v. Ericsson, Inc., ___F.3d___

Sycamore Industrial Park Associates brought suit against Ericsson, Inc., claiming that its sale of property containing a disused boiler heating system containing asbestos insulation violated both the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and the Resource Conservation and Recovery Act (RCRA). Reviewing the lower court’s grant of summary judgment favoring Ericsson, the U.S. Court of Appeals for the Seventh Circuit held that sale of property containing hazardous waste alone is insufficient to establish responsible party liability under CERCLA where there is no disposal, nor is it sufficient to establish RCRA liability for handling, storage, treatment, transportation or disposal of hazardous waste.