(United States Ninth Circuit) - In a suit against a smelter owner-operator under the Comprehensive Environmental Response,Compensation, and Liability Act (CERCLA), or the District Court's denial of defendant's motion to dismiss is reversed where because defendant could not be said to possess arranged for the 'disposal' of hazardous substances that were emitted by the smelter into the air,and contaminated land and water downwind, the owner-operator therefore could not be held liable for cleanup costs and natural resource damages under 42 U.
S.
C. section 9607(a)(3).
Source: findlaw.com