38 Cited authorities

U.S. v. Alcan Aluminum Corp.
964 F.2d 252 (3d Cir. 1992) Cited 256 times 1 Legal Analyses
Holding that the petroleum exclusion was intended to exempt oil spills, not releases of oil that have become infused with hazardous substances through use
B.F. Goodrich Co. v. Murtha
958 F.2d 1192 (2d Cir. 1992) Cited 198 times
Holding that "a municipality may be liable as a potentially responsible party if it arranges for the disposal of hazardous substances"
Tanglewood East Homeowners v. Charles-Thomas
849 F.2d 1568 (5th Cir. 1988) Cited 176 times
Holding that "those who move the waste about the site may fall within the terms of the provision"
U.S. v. R.W. Meyer, Inc.
889 F.2d 1497 (6th Cir. 1989) Cited 134 times 1 Legal Analyses
Holding that district court did not err in imposing joint and several liability under CERCLA where "the district court made a factual determination that the environmental harm created by the conditions on property was indivisible"
First United Methodist Church v. U.S. Gypsum
882 F.2d 862 (4th Cir. 1989) Cited 131 times
Holding that fraudulent concealment of injury did not toll statute of repose
Tosco Corp. v. Koch Industries, Inc.
216 F.3d 886 (10th Cir. 2000) Cited 87 times 1 Legal Analyses
Holding that the district court was not obligated to reduce the nonsettling party's liability by the settlement amount, and was permitted to reduce the nonsettling party's liability by the settling party's equitable share of the liability
LaBauve v. Olin Corp.
231 F.R.D. 632 (S.D. Ala. 2005) Cited 72 times
Rejecting class certification where multiple possible polluters existed and individual determinations were integral to each plaintiff's damages
United States v. CDMG Realty Co.
96 F.3d 706 (3d Cir. 1996) Cited 83 times
Holding that “disposal” includes “not only the initial introduction of contaminants onto a property but also the spreading of contaminants due to subsequent activity ”
Freier v. Westinghouse Elec. Corp.
303 F.3d 176 (2d Cir. 2002) Cited 58 times 2 Legal Analyses
In Freier, we recognized that the meaning of "discovered, identified or determined" for the purposes of section 214-c(4) was far from clear.
Covalt v. Carey Canada Inc.
860 F.2d 1434 (7th Cir. 1988) Cited 73 times 1 Legal Analyses
Finding that § 9658 did not preempt Indiana statute of repose because CERCLA applies only to releases into the environment and plaintiff's claim involved his exposure to asbestos, not a release of a hazardous substance
Section 51 - Liability of common carriers by railroad, in interstate or foreign commerce, for injuries to employees from negligence; employee defined
45 U.S.C. § 51 Cited 7,579 times 17 Legal Analyses
Denying recovery to an inferior class of beneficiaries [dependent siblings] where a preferred class [parents] exists
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 9613 - Civil proceedings
42 U.S.C. § 9613 Cited 2,180 times 38 Legal Analyses
Granting federal district courts "exclusive original jurisdiction" of CERCLA actions
Section 6901 - Congressional findings
42 U.S.C. § 6901 Cited 1,283 times 26 Legal Analyses
Noting the "rising tide of scrap, discarded, and waste materials"
Section 9604 - Response authorities
42 U.S.C. § 9604 Cited 782 times 12 Legal Analyses
Defining "eligible entity" as a state or local government body or its agent
Section 1321 - Oil and hazardous substance liability
33 U.S.C. § 1321 Cited 536 times 14 Legal Analyses
Granting the President authority to "remove or arrange for the removal of a discharge, and mitigate or prevent a substantial threat of a discharge, at any time"
Section 7412 - Hazardous air pollutants
42 U.S.C. § 7412 Cited 438 times 40 Legal Analyses
Mandating the EPA "require the maximum degree of reduction" that is "achievable" in regulating hazardous air pollutants
Section 1801 - Findings, purposes and policy
16 U.S.C. § 1801 Cited 427 times 5 Legal Analyses
Finding the economies of "[m]any coastal areas . . . have been badly damaged by the overfishing of fishery resources," particularly by "[t]he activities of massive foreign fishing fleets"
Section 2011 - Congressional declaration of policy
42 U.S.C. § 2011 Cited 423 times 4 Legal Analyses
Atomic energy is capable of application for peaceful as well as military purposes. It is therefore declared to be the policy of the United States that- (a) the development, use, and control of atomic energy shall be directed so as to make the maximum contribution to the general welfare, subject at all times to the paramount objective of making the maximum contribution to the common defense and security; and (b) the development, use, and control of atomic energy shall be directed so as to promote
Section 6921 - Identification and listing of hazardous waste
42 U.S.C. § 6921 Cited 269 times 8 Legal Analyses
Directing EPA to make changes to the EP toxicity test "to insure that it accurately predicts the leaching potential of wastes which pose a threat to human health and the environment when mismanaged"
Rule 502 - Attorney-client privilege
Ala. R. Evid. 502 Cited 21 times
(a)Definitions. As used in this rule: (1) "Client" is a person, public officer, or corporation, association, or other organization or entity, either public or private, that is rendered professional legal services by an attorney, or that consults an attorney with a view to obtaining professional legal services from the attorney. (2) "Representative of the client" is: (i) a person having authority to obtain professional legal services or to act on legal advice rendered on behalf of the clientor (ii)

M.C. v. Pactiv Corporation, et al (Lead Case)

38 Cited authorities

Holding that the petroleum exclusion was intended to exempt oil spills, not releases of oil that have become infused with hazardous substances through use

Holding that "a municipality may be liable as a potentially responsible party if it arranges for the disposal of hazardous substances"

Holding that "those who move the waste about the site may fall within the terms of the provision"

Holding that district court did not err in imposing joint and several liability under CERCLA where "the district court made a factual determination that the environmental harm created by the conditions on property was indivisible"

Holding that fraudulent concealment of injury did not toll statute of repose

Holding that the district court was not obligated to reduce the nonsettling party's liability by the settlement amount, and was permitted to reduce the nonsettling party's liability by the settling party's equitable share of the liability

Rejecting class certification where multiple possible polluters existed and individual determinations were integral to each plaintiff's damages

Holding that “disposal” includes “not only the initial introduction of contaminants onto a property but also the spreading of contaminants due to subsequent activity ”

In Freier, we recognized that the meaning of "discovered, identified or determined" for the purposes of section 214-c(4) was far from clear.

Finding that § 9658 did not preempt Indiana statute of repose because CERCLA applies only to releases into the environment and plaintiff's claim involved his exposure to asbestos, not a release of a hazardous substance

Denying recovery to an inferior class of beneficiaries [dependent siblings] where a preferred class [parents] exists

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

Granting federal district courts "exclusive original jurisdiction" of CERCLA actions

Noting the "rising tide of scrap, discarded, and waste materials"

Defining "eligible entity" as a state or local government body or its agent

Granting the President authority to "remove or arrange for the removal of a discharge, and mitigate or prevent a substantial threat of a discharge, at any time"

Mandating the EPA "require the maximum degree of reduction" that is "achievable" in regulating hazardous air pollutants

Finding the economies of "[m]any coastal areas . . . have been badly damaged by the overfishing of fishery resources," particularly by "[t]he activities of massive foreign fishing fleets"

Directing EPA to make changes to the EP toxicity test "to insure that it accurately predicts the leaching potential of wastes which pose a threat to human health and the environment when mismanaged"