Fourth Circuit Court of Appeals Affirms Summary Judgment to Georgia Power

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The Fourth Circuit Court of Appeals affirmed today the lower court’s grant of summary judgment to Georgia Power in the Ward Transformer Superfund Site litigation.  While this opinion focuses on whether Georgia Power’s sale of used transformers to Ward Transformer constituted an arrangement for disposal of PCB-containing oil, the court’s analysis includes a number of findings related to arranger liability generally.  This opinion is the first Court of Appeals decision to address the test for arranger liability post Burlington, and may impact a number of other pending CERCLA cases and enforcement actions.