· 4/4/1985
The State of New York v. Shore Realty Corp. And Donald Leogrande
Citations
- 759 F.2d 1032
- 15 Envtl. L. Rep. (Envtl. Law Inst.) 20358
- 22 ERC (BNA) 1625
- 1985 U.S. App. LEXIS 30363
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “costs in assessing the conditions of the site ... squarely fall within CERCLA’s definition of response costs”
- holding that “leaking tanks and pipelines, the continuing leaching and seepage from the earlier spills, and the leaking drums all constitute ‘releases’ ”
- concluding that New York court would deem Shore’s maintenance of the site to be abnormally dangerous activity constituting a public nuisance
- finding that defendant landowner who was aware of the nature of tenants' activities could have foreseen dumping of hazardous waste
- noting that courts have construed the statute’s reference to the Clean Water Act to impose strict liability
- finding that defendant landowner who was aware of the nature of tenants’ activities could have foreseen dumping of hazardous waste
Source: CourtListener parenthetical corpus (CC0).
Judges: Feinberg, Oakes, Newman
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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