Superfund. Asarco, Inc, had a copper smelter at Ruston, Washington. As part of its op-erations, ...

Superfund. Asarco, Inc, had a copper smelter at Ruston, Washington. As part of its op-erations, Asarco produced a by-product called slag, a hard, rocklike substance. Industrial Min-eral Products (IMP) sold the slag for Asarco to Louisiana-Pacific Corp and other businesses, which used the slag as a ballast to stabilize the ground at log-sorting yards in Tacoma, Wash-ington. About nine months after IMP stopped selling the slag, it sold substantially all of its assets to L-Bar Products, Inc Government agencies later discovered that the slag reacted with the acidic wood waste in the log-sorting yards, causing heavy metals from the slag to leach into the groundwater and soil. Louisiana-Pacific and the Port of Tacoma sued Asarco under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), claiming that Asarco was liable for cleanup costs. Asarco brought a third party claim against L-Bar as corporate successor to IMP. L-Bar moved for summary judgment, claiming that it was not the successor to IMP and could not be liable under CERCLA for IMP's actions. Will the court agree with L-Bar? Discuss fully.

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Superfund. Asarco, Inc, had a copper smelter at Ruston, Washington. As part of its op-erations, ...

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