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· 2/10/2004

State of California, on Behalf of the California Department of Toxic Substances Control v. Neville Chemical Company, a Corporation

Citations

  • 358 F.3d 661
  • 34 Envtl. L. Rep. (Envtl. Law Inst.) 20016
  • 57 ERC (BNA) 2057
  • 2004 U.S. App. LEXIS 2075
  • 2004 WL 235472

How courts have described this case

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

  • concluding that for the purposes of “the onset of the limitations period for recovery of remedial action costs under CERCLA,” no action can be “remedial” until adoption of a final remedial action plan
  • noting that “’provision of alternative water supplies’ is listed as both a type of ‘remedial action’ and as a type of ‘removal’”
  • noting that “’provision of alternative water supplies’ is listed as both a type of ‘remedial action’ and as a type of ‘removal’”
  • noting list- ing of “provision of alternative water supplies” under both “remedial action” and “removal”
  • applying § 9607’s limitation of defenses to claims brought under both § 9607(a) and § 9613(g)(2)
  • ʺremedial actions generally are permanent responsesʺ (quoting Geraghty & Miller, Inc. v. Conoco, Inc., 234 F.3d 917, 926 (5th Cir. 2000) (internal quotation marks omitted))

Source: CourtListener parenthetical corpus (CC0).

Judges: Pregerson, Fernandez, Berzon

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.