Court Rules Arranger Must Know or Should Have Known of Hazardous Properties for Liability to Attach

April 5, 2022
Brandon P. Matsnev
MGKF Litigation Blog

There are surprisingly few cases addressing whether, for an entity to be liable as an arranger under CERCLA, it must have known that the disposed substance was dangerous or hazardous. On March 10, 2022, in City of Las Cruces and Dona Ana County v. The Lofts at Alameda, LLC, the U.S. District Court for the District of New Mexico became the third federal district court to answer this question directly.

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