Proteco Landfill Superfund Site Generator Parties Group v. MRJ Distributors, Inc., et al.

Summary

The United States District Court for the District of Puerto Rico denies Pepsi-Cola Manufacturing Co., Inc.’s motion to dismiss CERCLA contribution and cost-recovery claims brought by the Proteco Landfill Superfund Site Generator Parties Group. The court holds that the fourth amended complaint plausibly alleges PepsiCo arranged for the disposal of hazardous substances and sufficiently pleads the elements of a CERCLA section 107 claim. The court also denies PepsiCo’s request to preemptively bar further amendment of the complaint.

Holdings

1. The fourth amended complaint sufficiently pleaded a plausible CERCLA section 107(a) claim against PepsiCo by alleging that PepsiCo arranged for the disposal of hazardous substances at the PROTECO Site. The complaint therefore survived the Rule 12(b)(6) motion.
2. The court denied PepsiCo's request to preemptively deny the plaintiff further leave to amend because the plaintiff had not yet requested another amendment. Any opposition to a future request to amend should be presented if and when such a request is made.

Questions Presented

1. Whether the fourth amended complaint plausibly alleged that PepsiCo was liable under CERCLA section 107(a), including as an entity that arranged for the disposal or treatment of hazardous substances.
2. Whether the court should preemptively deny the plaintiff any further opportunity to amend its complaint based on its prior amendments.

Disposition

other