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Personal cars fall under federal act exemption

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The billing agent for a central Indiana volunteer fire department can’t bill individuals involved in auto accidents with their personal vehicles for clean-up costs of hazardous substances, according to the 7th Circuit Court of Appeals.

In Emergency Services Billing Corp. Inc., individually (and as agent for) agent of Westville Volunteer Fire Department v. Allstate Insurance Co., et al., No. 11-2381, Emergency Services Billing Corp., which is the billing agent for the Westville Volunteer Fire Department, sent invoices itemizing the response costs incurred by the fire department to four individuals involved in separate auto accidents. ESBC believed the individuals and their auto insurers would be liable under the Comprehensive Environmental Response, Compensation and Liability Act.

The District Court held that motor vehicles for personal use fall under the “consumer product in consumer use” exception to CERCLA’s definition of facility, and so defendants can’t be charged with the fire department’s costs for responding to the accidents.

The CERCLA allows for clean-up costs to be recovered from owners of a “facility” in which hazardous substances have been released. The CERCLA definition of facility includes motor vehicles, but the definition states a facility does not include “any consumer product in consumer use.”

ESBC argued that the phrase “consumer product” is ambiguous and the courts should defer to how the Environmental Protection Agency has defined the term; defendants maintained any use of tools outside of the statute to define the term is inappropriate.

The 7th Circuit affirmed the District Court’s decision, finding the defendant’s interpretation of “consumer product” to be persuasive.

“CERCLA’s ‘consumer product’ exemption from the term ‘facilities’ cannot reasonably be read to exclude personally-owned, personally-operated motor vehicles,” wrote Judge Joel Flaum. “The language of CERCLA is clear on its face, and a look into CERCLA’s legislative history, the term ‘consumer product’ as it is used in other statutes, and the EPA’s interpretation of the term only confirms our conclusion.”

 

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  1. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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