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Published opinion

Before JONES, Chief Judge, and HIGGINBOTHAM and ELROD, Circuit Judges.

At issue is whether Eby is liable as an “arranger” under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. § 9607(a)(3), and the Texas Solid Waste Disposal Act (SWDA), Tex. Health & Safety Code § 361.344. We hold that Eby is not an arranger, and we AFFIRM the district court’s final judgment, denying recovery to Celanese, and we AFFIRM the district court’s denial of Celanese’s motion to alter that judgment pursuant to Federal Rule of Civil Procedure 59(e).

 
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