A Dirty Business: Arranger Liability Under the Texas Solid Waste Disposal Act as it Relates to Dry Cleaning Chemicals

Abstract

This comment discusses the remediation procedures and costs for clean-up of contaminated sites, the funding available for such remediations, and how the R.R. Street case defined the arranger liability provision of the Texas Solid Waste Disposal Act (TSWDA). The article begins by explaining the beginning of the Dry Cleaner Remediation Program, and how the legislature has aimed to make the program more accessible and amenable to dry cleaners. Next, it explains the remediation process and how parties are held liable. Then, it unpacks and compares the TSWDA, Resource Conservation and Recovery Act (RCRA), and Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The comment concludes with a thorough explanation of the court’s analysis in R.R. Street and its future implications for businesses that deal with environmental hazards.