· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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