· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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