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CELANESE CORP. v. MARTIN K. EBY CONST. CO., INC.

No. 09-20487.

620 F.3d 529 (2010)

CELANESE CORPORATION, Plaintiff-Appellant, v. MARTIN K. EBY CONSTRUCTION COMPANY, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 20, 2010.

Attorney(s) appearing for the Case

Mark G. Arnold (argued), Charles E. Merrill , Joseph G. Nassif , Husch Blackwell , St. Louis, MO, Alistair Byrne Dawson , Beck, Redden & Secrest, L.L.P., Houston, TX, for Plaintiff-Appellant.

George William Vie, III (argued), Mills Shirley, L.L.P., Houston, TX, Jack Clifford Brock , Mills Shirley, L.L.P., Galveston, TX, for Defendant-Appellee.

Before JONES, Chief Judge, and HIGGINBOTHAM and ELROD, Circuit Judges.

JENNIFER WALKER ELROD, Circuit Judge:

At issue is whether Eby is liable as an "arranger" under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. § 9607(a)(3), and the Texas Solid Waste Disposal Act (SWDA), Tex. Health & Safety Code § 361.344. We hold that Eby is not an arranger, and we AFFIRM the district court's final judgment, denying recovery to Celanese, and we AFFIRM the district court's denial of Celanese...

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