Reference no: EM131470798

Question: CERCLA. Beginning in 1926, Marietta Dyestuffs Co. operated an industrial facility in Marietta, Ohio, to make dyes and other chemicals. In 1944, Dyestuffs became part of American Home Products Corp. (AHP), which sold the Marietta facility to American Cyanamid Co. in 1946. In 1950, AHP sold the rest of the Dyestuffs assets and all of its stock to Goodrich Co., which immediately liquidated the acquired corporation. Goodrich continued to operate the dissolved corporation's business, however. Cyanamid continued to make chemicals at the Marietta facility, and in 1993, it created Cytec Industries, Inc., which expressly assumed all environmental liabilities associated with Cyanamid's ownership and operation of the facility.

Cytec spent nearly $25 million on clean-up costs and filed a suit in a federal district court against Goodrich to recover, under CERCLA, a portion of the costs attributable to the clean-up of hazardous wastes that may have been discarded at the site between 1926 and 1946. Cytec filed a motion for summary judgment in its favor. Should the court grant Cytec's motion? Explain. [Cytec Industries, Inc. v. B. F. Goodrich Co., 196 F.Supp.2d 644 (S.D. Ohio 2002)]