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ARCO, as the successor to ISRC and as a wholly-owned subsidiary of ARCO, allegedly continued to exercise a controlling influence on Inspiration and ISRC during the time period from 1978 to 1988. (Id. at 33-34.) ARCO and the other Defendants allegedly failed to prevent and/or contributed to the release of hazardous substances on Inspiration’s property. (Id. at 34.) The Complaint further alleges that Defendants’ ownership interest in Inspiration was substantial and continued after the 1987 Supreme Court decision in the T & E case, which the Complaint describes as having:

“… made clear that the federal government’s response authority under CERCLA did not permit recovery of clean up costs by a responsible person who also was a mere bystander to a hazardous waste site and whose only connection to the site was that the site occurred on property he owned.” (Id. at 34.)

“… held that the United States’ ability to seek recovery of its costs from the property owner for remedial actions would not be permitted under CERCLA, because the property owner was not directly involved in the activities and operations resulting in the release of hazardous substances but was merely a present owner of property that happened to include such activities and operations.” (Id. at 34-35.)

The Complaint also alleges that, after the T & E decision, Defendants continued to rely on “the operation of the rule of Burlington Northern as a shield to prevent them from sharing the financial responsibility for environmental clean up costs” and that they “continued to undertake environmental clean up efforts on their own and failed to take steps to control the release of hazardous substances on Inspiration’s properties” despite “having knowledge of the environmental contamination… and the potential for a large and mounting CERCLA liability.” (Id. at 34-35.)


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