• When Grammar Fails, Common Sense Prevails: So Holds a Texas Federal Court in a Recent Arranger Liability Case
  • August 22, 2016 | Author: Ariana N. Sarabia
  • Law Firm: Morris Polich & Purdy LLP - San Francisco Office
  • In MEMC Pasadena, Inc. v. Goodgames Industrial Solutions, LLC, 143 F. Supp. 3d 570 (S.D. Texas 2015), Plaintiff MEMC Pasadena, Inc. (“MEMC”), a silicon wafer manufacturer, brought an action against its waste disposal broker, Goodgames Industrial Solutions, LLC (“GIS”) seeking contribution for cleanup costs under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and the Texas Solid Waste Disposal Act (TSWDA) as well as various state claims which are not addressed in this review. The parties agreement that GIS’s liability under TSWDA was tied to GIS’s CERCLA liability allowed the District Court to focus on whether GIS was an “arranger,” the third of four classes of responsible persons under Section 107(a) CERCLA.