Citation. 954 F.2d 1054 (5th Cir. 1992)
Brief Fact Summary. Plaintiffs sought to recover clean-up costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) from defendant corporations (Defendants).
Synopsis of Rule of Law. A complaint alleging environmental claims has a high specificity of pleading requirement.
Facts. Cash Energy, Inc. (Plaintiff) filed a complaint against Weiner (Defendant) to recover cleanup costs under CERCLA. The compliant alleged that Weiner contaminated property in North Andover, Massachusetts, owned and operated by Plaintiffs. Defendant corporations engaged in the storage and transfer of chemical solvents on a site adjacent to Plaintiff’s property. Plaintiff also sued four individuals who were officers of the defendant corporations alleging that these individuals participated in and exercised control over the activities of defendant corporations. Since corporate officers are not personally liable for the activities of their corporate employers, the judge concluded that the Plaintiff must show that each of the individuals actively participated in the tortious activities.
Issue. Is there a high specificity requirement for environmental claims?