No. 95-C-1465 Precedential Processed

Perfect Equipment Corp. v. Louisiana Recycling, Inc.

Louisiana Supreme Court · Filed October 27, 1995 · 661 So. 2d 1354

Opinion text

CALOGERO, C.J., concurs in the denial of the writ and assigns reasons. I concur for the limited purpose of expressing my view that the court of appeal erred in applying La.R.S. 30:2204.1 as a defense to a claim under La.R.S. 30:2271 et seq. Knowledge on the part of the defendant that a hazardous substance was disposed of is not necessary for imposition of liability under La.R.S. 30:2271 et seq. The proper defenses to liability under La.R.S. 30:2271 et seq. in this instance, are found in La.R.S. 30:2277.