· 9/17/1993
Lansford-Coaldale Joint Water Authority, in No. 92-7605 v. Tonolli Corporation Tonolli Canada, Ltd. Ifim International B v. in No. 92-7671
Citations
- 4 F.3d 1209
- 23 Envtl. L. Rep. (Envtl. Law Inst.) 21534
- 26 Fed. R. Serv. 3d 779
- 37 ERC (BNA) 1775
- 1993 U.S. App. LEXIS 23883
- 1993 WL 356904
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that CERCLA is \notorious for its lack of clarity and poor draftsmanship\
- stating that equitable tolling is only available “when 5 extraordinary circumstances beyond a prisoner’s control make it impossible to file a 6 petition on time and the extraordinary circumstances were the cause of the [petition’s] 7 untimeliness” (emphasis in original
- stating plaintiff may recover only monitoring and evaluation expenses incurred \in a reasonable manner\
- stating CERCLA liability for testing requires that \there was a reasonable risk (although one that may not materialize) that the defendant's release or threatened release of hazardous substances would contaminate the plaintiff's property\
- explaining “stock sales made pursuant to a Rule 5 10b5-1 plan . . . allows for stock sales over a predetermined period without concern for 6 the market.”
- stating plaintiff may recover only monitoring and evaluation expenses incurred “in a reasonable manner”
Source: CourtListener parenthetical corpus (CC0).
Judges: Becker, Alito, Roth
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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