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· 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 CourtListener

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