· 9/19/2001
United States of America v. Dico, Inc.
Citations
- 266 F.3d 864
- 57 Fed. R. Serv. 1285
- 32 Envtl. L. Rep. (Envtl. Law Inst.) 20171
- 53 ERC (BNA) 1274
- 2001 U.S. App. LEXIS 20584
- 2001 WL 1094944
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that CERCLA defendants bear the burden of proving that the government’s requested recovery costs are inconsistent with the NCP
- concluding that “oversight and indirect costs are recoverable in remedial actions under CERCLA”
- finding a “clear statement” in the statutory language authorizing recovery of the government’s remedial action oversight costs
- affirming the striking of defense where plaintiff’s taking was clearly authorized by federal statute
- “Presum- ablyany attorney fees that were not reasonably incurred would be held inconsistent with the NCP (emphasis added
- the district court properly struck a due process affirmative defense on the ground that it was foreclosed by a prior decision of the Eighth Circuit Court of Appeals
Source: CourtListener parenthetical corpus (CC0).
Judges: Bowman, Fagg, Piersol
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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