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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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