6th Circuit:  Government Did Not ‘Operate’ Oil Refineries During WWII

(June 28, 2023, 8:08 AM EDT) -- CINCINNATI — Regulations of the oil and gas industry during World War II did not render the United States an “operator” of 12 oil refineries under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) because the government did not make any decisions regarding the toxic waste produced at the refineries, a Sixth Circuit U.S. Court of Appeals panel found in reversing a trial court’s grant of summary judgment in favor of the operator of the refineries who is seeking contribution costs from the government....