Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 236,991 times 38 Legal AnalysesHolding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
Celotex Corp. v. Catrett
477 U.S. 317 (1986) Cited 216,978 times 40 Legal AnalysesHolding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"
U.S. v. White Mountain Apache Tribe
537 U.S. 465 (2003) Cited 445 timesHolding that where one statute provides for a waiver of sovereign immunity to enforce a separate statute, the latter statute is not subject to the strict construction principle
Chubb Custom Ins. Co. v. Space Sys./Loral, Inc.
710 F.3d 946 (9th Cir. 2013) Cited 330 times 5 Legal AnalysesHolding that plaintiff had waived claims for purposes of appeal where plaintiff did not assert these claims in an amended complaint, did not present them on appeal, and did not cite an intervening change in law or fact
State of N.Y. v. Shore Realty Corp.
759 F.2d 1032 (2d Cir. 1985) Cited 506 times 2 Legal AnalysesHolding that individual defendant was "operator" because he was "in charge of the operation of the facility"
Carson Harbor Village, Ltd. v. Unocal Corp.
270 F.3d 863 (9th Cir. 2000) Cited 291 times 6 Legal AnalysesHolding that a response action is necessary if it responds to "an actual and real threat to human health or the environment"
Nurad, Inc. v. William E. Hooper Sons Co.
966 F.2d 837 (4th Cir. 1992) Cited 173 times 1 Legal AnalysesHolding past owners liable for "disposal" of hazardous wastes that leaked from underground storage tank notwithstanding they were not owners "at the time of disposal"
City of Los Angeles v. San Pedro Boat Works
635 F.3d 440 (9th Cir. 2011) Cited 79 times 1 Legal AnalysesFinding holder of revocable permit not a former "owner" under 42 U.S.C. 9607
Edward Hines Lumber Co. v. Vulcan Materials Co.
861 F.2d 155 (7th Cir. 1988) Cited 108 timesHolding that the defendant was not an operator since it "did not interfere with operational decisions"
U.S. v. R.W. Meyer, Inc.
932 F.2d 568 (6th Cir. 1991) Cited 80 timesHolding that a court may take into account "more varying circumstances than common law contribution," including the state of mind of the parties, their economic status, any contracts between them bearing on the subject, any traditional equitable defenses, and any other factors deemed appropriate to balance the equities in the totality of the circumstances
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 329,861 times 158 Legal AnalysesHolding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 9601 - Definitions
42 U.S.C. § 9601 Cited 4,274 times 132 Legal AnalysesAdopting the definition of “disposal” contained in the Solid Waste Disposal Act
Section 9607 - Liability
42 U.S.C. § 9607 Cited 3,269 times 64 Legal AnalysesHolding certain listed persons strictly "liable" for specified cleanup costs
Section 177 - Purchases or grants of lands from Indians
25 U.S.C. § 177 Cited 310 timesRequiring federal approval of any "purchase, grant, lease, or other conveyance of lands ... from any Indian nation or tribe of Indians"
Section 9620 - Federal facilities
42 U.S.C. § 9620 Cited 125 times 1 Legal AnalysesHolding "the United States" liable "to the same extent, both procedurally and substantively, as any nongovernmental entity, including" as regards "liability under" 42 U.S.C. § 9607's "owner or operator" provision