Module 13 Case Analysis

Roberts and Rivera owned and operated a rural gas station from 1961 until 2005. During their operation of the station, significant amounts of hazardous substances were disposed on the site, including oil, oil filters, gasoline, and diesel fuel. The site was thus contaminated with lead, chromium, benzene, and other highly toxic substances. Before selling the station, they created a rock garden to cover the old dumping area.

Texaco bought the station. In 2007 they discovered the contamination and they paid to clean up the site. Can Texaco sue the former owners to recover the costs to clean up the hazardous material? Why or why not?