Department of Commerce

Fmc V. U.

S. Department of Commerce off. Soup. 471 (E. D. Pa.

1992) BY Achieve FMC Corp. v. U. S.

Department of Commerce OFF. Soup. 471 (E. D.

Pa. 1992) united States Toddlers Court Facts: A. This action is brought pursuant to the Comprehensive Environmental Response, Compensation and liability act of 1 980, as amended by (CERCAL). B. FMC seeks indemnification from the defendants for some portion of its present and future response cost of response in performing removal actions and other response actions in the Felicity.

C. FMC bases Its claim on the united States Government activities during the period of January 1942 though 1945 relating to the operation of a rayon manufacturing facility at the Ovate site, and contends that these activities render the Government liable as an "owner," "operator," and/or "arranger" under section 107 of the CERCAL. D. During WI, after the bombing of Pearl Harbor and the Japanese conquest of Asia, the United States suffered a loss of 90 percent of its crude Rubber Supply.An urgent need arose for a natural rubber substitute to be used in manufacturing airplane irises, Jeep tires, and other related items.

Issue: FMC presented evidence at trial showing that during the WI period the Government participated in managing and controlling the Facility,which was owned by American Viscose Corporation requiring the facility to manufacture Increasing quantities of high Intensity rayon yarn, which Involved the treatment of hazardous materials, and necessitated the disposal of hazardous materials.Analysis: FMC also presented evidence showing that the government owned "facilities" and quipped at the plant used in the treatment of hazardous materials. A. During WI, the Government took over numerous plants which, for a multitude of reasons, failed to meet production requirements,including a plant producing high tenacity rayon yarn.

B. Once the WEB determined that there was a need for substantial expansion of production capableness at the Facility, Government personnel were assigned to facilitate and expedite construction. High tenacity rayon yarn.The Government should have known that the disposal or retirement of hazardous substances was inherent in the manufacture of high tenacity rayon yarn and that its production requirements caused a significant increase in the amount of hazardous substances generated and disposed of at the Facility.

D. The district court that the United State, through the action and authority of WEB and other departments. Conclusion: For the cost of removal "is strict and Joint and several. " the United States Government as owner is responsible for costs resulting from response to the release of Hazardous Substances And it is ORDERED.