ILNews

Personal cars fall under federal act exemption

Back to TopCommentsE-mailPrintBookmark and Share

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.”

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

ADVERTISEMENT