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· 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 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.