Nijman Franzetti Wins CERCLA Defense Victory for Waste Management of Ohio, Inc.

Nijman Franzetti LLP secured a complete defense victory for Waste Management of Ohio, Inc. (“WMO”) following a five-week federal CERCLA trial involving the South Dayton Dump and Landfill Superfund Site near Dayton, Ohio (“South Dayton Dump” or the “Site”). The Nijman Franzetti trial team consisted of Jennifer T. Nijman, Kristen Laughridge Gale, and Drew T. Nishioka.

On September 3, 2026, U.S. District Judge Walter H. Rice of the Southern District of Ohio issued a 136-page Opinion and Verdict finding that WMO bears no liability under CERCLA and dismissing all remaining claims against WMO with prejudice.

The trial was conducted from April 13 through May 19, 2026 and involved WMO and two other defendants, each of whom contended they were not liable for contamination at the Site. Plaintiffs alleged that a predecessor of WMO, Container Services, Inc. (“Container Services”), transported hazardous substances from its customers to the South Dayton Dump.

After reviewing historical evidence and testimony presented through numerous depositions, Judge Rice concluded that Container Services neither transported hazardous substances to the South Dayton Dump nor selected the Site as a disposal location for hazardous substances. As a result, Plaintiffs failed to establish transporter liability under CERCLA.

Because Plaintiffs could not establish CERCLA liability against WMO, the Court also rejected their related unjust enrichment and declaratory judgment claims, including efforts to hold WMO responsible for future investigation and response costs associated with the Site.

Hobart Corporation, et al. v. Dayton Power and Light Company, et al., No. 3:13-cv-115, Doc. #1782 (S.D. Ohio Sept. 3, 2026). The decision may be found here.