Fourth Circuit -- Ashley II of Charleston LLC v. PCS Nitrogen Incorporated

Successor corporation did not assume clear contractual responsibility for predecessor's toxic waste liabilities, as the asset sale was treated as if it were hypothetically a stock swap.  Still responsible, though, after weighing the other evidence.

Extensive grading and construction is enough to make one a responsible party - no need to prove that soil was actually imported.

Adjacent leasehold should be considered part of the site.

Duty of care towards the waste is that of a similarly situated reasonable person.

No error in imposition of joint & several liability, as the inquiry was detailed and fact-specific.

Ashley II of Charleston LLC v. PCS Nitrogen Incorporated