SD of Ohio Grants Summary Judgment in CERCLA case
On March 27, 2020, Judge Rice of the Southern District of Ohio granted Summary Judgment to McMahon DeGulis LLP’s client, Worthington Industries, Inc., in the Lammers Barrel PRP Group Litigation. This case concerned the former Lammers Barrel site in Beavercreek, Ohio which operated as a solvent reclamation business from 1944-1969.
The plaintiff, the Lammers Barrel PRP Group alleged that a “Worthington Corporation” facility in Columbus arranged for the disposal of “dirty solvents” to the Lammers Barrel site.
The evidence that Worthington sent material to the site originated from former employee testimony and a list of site controversial listed “dirty solvents.”
In its Motion for Summary Judgement, Worthington argued that the term “dirty solvents,” without any expert testimony which identified the hazardous substances, was not sufficient to establish CERCLA §107(a)(3)liability.
Judge Rice agreed and held that since the Plaintiff did not identify the hazardous substances in the dirty solvents, Worthington Industries was not liable as a generator under CERCLA §107(a)(3). Read the decision here. Learn more about our CERCLA work.