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Sixth Circuit· 10/18/2007

ITT Industries, Inc. v. BorgWarner, Inc.

Citations

  • 506 F.3d 452
  • 37 Envtl. L. Rep. (Envtl. Law Inst.) 20261
  • 65 ERC (BNA) 1321
  • 2007 U.S. App. LEXIS 24351
  • 2007 WL 3023995

How courts have described this case

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

  • holding that the EPA’s reservation of rights “to adjudicate Plaintiff’s liability for failure to comply with the A OC, for costs of response . . . costs of injunctive relief” and so on demonstrates no intent to resolve liability
  • noting that, post- Atlantic Research, Centerior does not necessarily bar a PRP from bringing a cost recovery claim under § 107(a)
  • parsing ITT AOC’s terms to determine whether that agreement resolved the PRP’s liability
  • \U.S. EPA retains all of its rights under this Consent Order and CERCLA[.]\ (internal quotation marks omitted)
  • “U.S. EPA retains all of its rights under this Consent Order and CERCLA[.]” (internal quotation marks omitted)
  • “participation in this Consent Order does not constitute an admission of liability”

Source: CourtListener parenthetical corpus (CC0).

Judges: Martin, Guy, Clay

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.