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· 10/24/2001

Carson Harbor Village, Ltd. v. Unocal Corporation

Citations

  • 270 F.3d 863
  • 2001 Cal. Daily Op. Serv. 9080
  • 32 Envtl. L. Rep. (Envtl. Law Inst.) 20180
  • 154 Oil & Gas Rep. 509
  • 2001 Daily Journal DAR 11365
  • 53 ERC (BNA) 1321
  • 2001 U.S. App. LEXIS 22863

How courts have described this case

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

  • holding that self-serving “ulterior motive[s]” should be disregarded when determining whether response costs are necessary because “[t]o hold otherwise would result in a disincentive for cleanup”
  • holding that response costs are \necessary\ when the response action is addressed to a threat to human health or the environment
  • holding that “leaking” may not “require affirmative . . . conduct” (internal quotation marks omitted
  • holding that while disposal does not include passive soil migration, it may include other forms of passive migration
  • holding that “leaking” may not “require affirmative . . . conduct” (internal quotation marks omitted
  • explaining that when Congress meant to include chemical or geological process or passive migration, it employed specific terminology, such as leaching

Source: CourtListener parenthetical corpus (CC0).

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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.