Next Millenium Realty, LLC v. Adchem Corp

摘要

Lessees and manufacturer sublessee were entitled to judgment on Comprehensive Environmental Response, Compensation, and Liability Act contribution and cost recovery claims brought by current owners of contaminated site for costs incurred to clean up site, because: (1) lease was typical commercial lease and lessees are not liable as de facto owners of site; (2) site control is improper basis to impose owner liability under CERCLA; (3) owners did not establish that corporate parent lessee directed daily operations of sublessee manufacturer in fashion that could pierce corporate veil under applicable New York law to impose liability for any contamination from manufacturer's daily operations at site, or for contamination from arson by employee of separate sublessee, and could impose operator liability on lessees under single enterprise theory; and (4) manufacturer was dissolved and its affairs fully adjusted before owners' claims accrued and manufacturer could not be sued under applicable New York law.