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· 9/17/1992

Bowen Engineering v. Estate of Reeve

Citations

  • 799 F. Supp. 467
  • 36 ERC (BNA) 1711
  • 1992 U.S. Dist. LEXIS 14548
  • 1992 WL 228885

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • providing that a declaratory judgment “is an appropriate remedy under CERCLA where it is not yet possible to determine the actual costs of the cleanup.”
  • finding that the “Spill Act does not create a private right to recover cleanup costs . . . .”
  • noting private right of action \through ERA for injunctive relief under the Spill Act\
  • indemnification clause in corporate bylaws precluded CERCLA liability action of company against estate of former president and director
  • Spill Act contribution claim premature where NJDEP had not yet commenced removal of hazardous substance and has only conducted investigation
  • “the right of a private actor to sue under the ERA is limited” and requires a predicate violation

Source: CourtListener parenthetical corpus (CC0).

Judges: Anne E. Thompson

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.