Rudder v. Hosack

ORS 465.255 provides that “any owner or operator at or during the time of the acts or omissions that resulted in the release* * * shall be strictly liable for those remedial action costs incurred by the state or any other person that are attributable to or associated with a facility and for damages for injury to or destruction of any natural resources caused by a release.”

Plaintiff and Defendant were embroiled in an environmental contamination lawsuit that resulted from the heating oil tank on the property leaking into groundwater. Plaintiffs sued under ORS 465.255, a strict liability statute for remedial costs associated with the type of pollution. Plaintiffs prevailed, and Defendant was determined to be 100% responsible for the leak and its remedial costs. Defendant appealed and argued that Defendant’s counterclaim should have been evaluated for Plaintiff’s contribution to the leak and that the trial court should have apportioned responsibly for the remedial costs between the parties. ORS 465.255 provides that “any owner or operator at or during the time of the acts or omissions that resulted in the release* * * shall be strictly liable for those remedial action costs incurred by the state or any other person that are attributable to or associated with a facility and for damages for injury to or destruction of any natural resources caused by a release.” The Court held that the trial court could apportion responsibility under the plain language of the statute, but only if the party was liable. The jury found that the oil had leaked prior to the Plaintiff’s ownership and therefore Plaintiff could not be liable. Affirmed.