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SCOTT v. NG US 1, Inc.

450 Mass. 760 (2008)

WAYNE SCOTT, trustee, v. NG US 1, INC., & others.

Supreme Judicial Court of Massachusetts, Suffolk.

March 7, 2008.

Attorney(s) appearing for the Case

Joseph S. U. Bodoff for the plaintiff.

Robert C. Kirsch (Tina Y. Wu with him) for NG US 1, Inc. Martin C. Pentz (Karen L. Crocker with him) for Boston Gas Company & another.

Martin J. Newhouse, Ben Robbins, Christopher P. Davis, & Christophe G. Courchesne, for New England Legal Foundation & another, amici curiae, submitted a brief.

Present: Marshall, C.J., Greaney, Ireland, Spina, Cowin, Cordy, & Botsford, JJ.

MARSHALL, C.J.

Predominant among the issues raised in this appeal is whether a parent corporation first acquiring an ownership interest in a subsidiary corporation decades after the subsidiary both released environmentally hazardous material and sold the contaminated site, without more, may be liable under G. L. c. 21E for later incurred response costs at the site. We conclude that the parent corporation is not directly liable as an operator of the site.

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