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Tanglewood East Homeowners v. Charles-Thomas, Inc.

United States Court of Appeals for the Fifth Circuit

849 F.2d 1568 (1988)

Relevant factsFree

United Creosoting's decades-long wood-treatment operation contaminated land later developed into a residential subdivision, and after Tanglewood East Homeowners (plaintiffs) complained, the EPA placed the property on the National Priorities List for cleanup under CERCLA; the homeowners sued numerous defendants including lending institution First Federal (defendant), which argued CERCLA did not apply since it never introduced the contaminants, but the trial court denied dismissal.

IssueFree

Whether liability for Comprehensive Environmental Response, Compensation, and Liability Act violations is limited to the party responsible for introducing the contaminants onto the property.

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