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· 7/14/1994

Long Beach Unified School District v. Dorothy B. Godwin California Living Trust, and Mobil Oil Corporation, Powerine Oil Co.

Citations

  • 32 F.3d 1364
  • 94 Daily Journal DAR 9891
  • 94 Cal. Daily Op. Serv. 5406
  • 39 ERC (BNA) 1065
  • 1994 U.S. App. LEXIS 17140
  • 1994 WL 363066

How courts have described this case

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

  • reasoning that the circular definition of “owner” implies that the term is read according to its plain and ordinary meaning rather than technically
  • reasoning that the circular definition of “owner” implies that the term is read according to its plain and ordinary meaning rather than technically
  • pointing out this “is a bit like defining ‘green’ as ‘green’ ”
  • “To be an operator of a hazardous waste facility, a party must do more than stand by and fail to prevent the contamination”
  • “[W]hen a party uses the easement to operate a pipeline that releases hazardous materials, it is liable as an operator provided the other statutory elements [of CERCLA] are satisfied.”
  • “[W]e read [CERCLA] as incorporating the common law definition of its terms.... The common law does not regard an easement holder as the owner of the property burdened by it.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Kozinski, Trott, Williams

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.