36 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 237,092 times 38 Legal Analyses
Holding 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 217,065 times 40 Legal Analyses
Holding 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"
Matsushita Elec. Indus. Co. v. Zenith Radio
475 U.S. 574 (1986) Cited 113,508 times 38 Legal Analyses
Holding that, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them
United States v. Bestfoods
524 U.S. 51 (1998) Cited 1,421 times 22 Legal Analyses
Holding that ownership and control is insufficient to demonstrate an alter-ego relationship
NL Industries, Inc. v. Kaplan
792 F.2d 896 (9th Cir. 1986) Cited 1,792 times
Holding that response costs can be "necessary" even though the agency that required cleanup never approved the response actions taken
Carson Harbor Village, Ltd. v. Unocal Corp.
270 F.3d 863 (9th Cir. 2000) Cited 291 times 6 Legal Analyses
Holding that a response action is necessary if it responds to "an actual and real threat to human health or the environment"
United States v. Northeastern Pharmaceutical
810 F.2d 726 (8th Cir. 1986) Cited 418 times 2 Legal Analyses
Holding that "requiring proof of personal ownership or actual physical possession of hazardous substances as a precondition of liability . . . would be inconsistent with the broad remedial purposes of CERCLA"
City of Colton v. American Promotional Events
614 F.3d 998 (9th Cir. 2010) Cited 148 times
Holding that district court acted within its discretion in declining to exercise supplemental jurisdiction after granting summary judgment on all federal claims
Nutrasweet Company v. X-L Engineering Co.
227 F.3d 776 (7th Cir. 2000) Cited 192 times
Holding that an expert's reliance on individual pieces of evidence, insufficient in themselves to prove a point, "did not render his opinion speculative"
Amoco Oil Co. v. Borden, Inc.
889 F.2d 664 (5th Cir. 1990) Cited 245 times
Holding actions between two liable parties are actions for contribution
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 329,994 times 158 Legal Analyses
Holding 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 133 Legal Analyses
Adopting 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 Analyses
Holding certain listed persons strictly "liable" for specified cleanup costs
Section 9605 - National contingency plan
42 U.S.C. § 9605 Cited 402 times
Recognizing the EPA as the agency to establish procedures and standards
Section 25300 - [Repealed]
Cal. Health & Saf. Code § 25300 Cited 83 times
Ca. Health and Saf. Code § 25300 Repealed by Stats 2022 ch 257 (AB 2293),s 1, eff. 1/1/2023, op. 1/1/2024. Repealed and added by Stats. 1999, Ch. 23, Sec. 2. Effective May 26, 1999.
Section 25363 - [Repealed]
Cal. Health & Saf. Code § 25363 Cited 57 times
Ca. Health and Saf. Code § 25363 Repealed by Stats 2022 ch 257 (AB 2293),s 1, eff. 1/1/2023, op. 1/1/2024. Amended by Stats 2015 ch 458 (AB 275),s 2, eff. 1/1/2016.
Section 25323.5 - [Repealed]
Cal. Health & Saf. Code § 25323.5 Cited 26 times
Ca. Health and Saf. Code § 25323.5 Repealed by Stats 2022 ch 257 (AB 2293),s 1, eff. 1/1/2023, op. 1/1/2024. Repealed and added by Stats. 1999, Ch. 23, Sec. 2. Effective May 26, 1999.
Section 300.700 - Activities by other persons
40 C.F.R. § 300.700 Cited 227 times 1 Legal Analyses
Stating that "[p]rivate parties undertaking response actions should provide an opportunity for public comment concerning the selection of the response action"

Friends of Riverside Airport, LLC v. Department of the Army, et al.

36 Cited authorities

Holding 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"

Holding 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"

Holding that, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them

Holding that ownership and control is insufficient to demonstrate an alter-ego relationship

Holding that response costs can be "necessary" even though the agency that required cleanup never approved the response actions taken

Holding that a response action is necessary if it responds to "an actual and real threat to human health or the environment"

Holding that "requiring proof of personal ownership or actual physical possession of hazardous substances as a precondition of liability . . . would be inconsistent with the broad remedial purposes of CERCLA"

Holding that district court acted within its discretion in declining to exercise supplemental jurisdiction after granting summary judgment on all federal claims

Holding that an expert's reliance on individual pieces of evidence, insufficient in themselves to prove a point, "did not render his opinion speculative"

Holding actions between two liable parties are actions for contribution

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Adopting the definition of “disposal” contained in the Solid Waste Disposal Act

Holding certain listed persons strictly "liable" for specified cleanup costs

Recognizing the EPA as the agency to establish procedures and standards

Stating that "[p]rivate parties undertaking response actions should provide an opportunity for public comment concerning the selection of the response action"