McAfee & Taft RegLINC - April 2012: Storage tanks By Chris Paul

more+
less-

[author: Chris Paul]

Owners of land on which petroleum underground storage tanks are located are responsible for the cleanup of gasoline released (In re Huntington and Kildare Inc. v. Grannis, N. Y. App. Div., No. 512100, 11/3/11). Huntington and Kildare Inc. argued that because it does not own the storage tanks on the property, it cannot be held liable as a discharger. The court, citing the ruling in New York v. C.J. Burth Services Inc., 915 N.Y.S.2d 174 (N.Y. 2010), said that liability was based on capacity to prevent spills or clean up contamination rather than on ownership. Huntington and Kildare knew for years that the property had a petroleum contaminant plume and that the storage tanks were not properly abandoned in place.

 

 


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© McAfee & Taft | Attorney Advertising

Written by:

more+
less-

McAfee & Taft on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×
Loading...
×
×