United States v. Bay Area Battery

How courts have described this case

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

• finding decree based on defendant’s ability to pay substantively fair and noting that “[g]enerally, settlements in CERCLA cases should be based upon ‘some acceptable measure of comparative fault, apportioning liability among the settling parties according to rational (if necessarily imprecise
• “It is not the Court’s place to determine whether the decree represents an optimal settlement in the Court’s view.”
• “[T]he Court must determine whether the proposed decree satisfies the requirements of being reasonable, fair and consistent with CERCLA’s goals.”
• “When, as in this case, an agency committed to furthering the public interest has negotiated a decree, there is a presumption of validity.”
• “[u]nder CERCLA, where a responsible party brings a Section 107 action, Section 113 applies”

Source: CourtListener parenthetical corpus (CC0).