· 9/9/2005
Consolidated Edison Company of New York, Inc. v. Ugi Utilities, Inc., Docket No. 04-2409-Cv
Citations
- 423 F.3d 90
- 61 ERC (BNA) 1321
- 2005 U.S. App. LEXIS 19477
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that a state law settlement did not affect the settling party’s CERCLA liability, and therefore, did not allow the party to seek contribution under CERCLA
- concluding that a state law settlement did not affect the settling party’s CERCLA liability, and therefore, did not allow the party to seek contribution under CERCLA
- observing that Section 107 “permits a party that has not been sued or made to participate in an administrative proceeding, but that, if sued, would be held liable under section 107(a
- finding that while Section 107(a) permitted certain sued private parties to sue other parties to recover response costs incurred voluntarily, it did not grant to parties against whom liability has been imposed any express right to sue other parties for contribution
- noting the primary purposes of CERC-LA include “encouraging the timely cleanup of hazardous waste sites” and “placing the cost of that [cleanup] on those responsible for creating or maintaining the hazardous condition” (alteration in original) (internal quotation marks omitted)
- criticizing use 4 is set forth in the applicable provisions of CERCLA. Congress enacted CERCLA in 1980 to address the “serious environmental and health risks posed by pollution.” United States v. Bestfoods, 524 U.S. 51, 55 (1998
Source: CourtListener parenthetical corpus (CC0).
Judges: Katzmann, Hall, Murtha
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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