· 10/14/1983
United States v. Chem-Dyne Corp.
Citations
- 572 F. Supp. 802
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that CERCLA was clear as to its “standard of liability,” but ambiguous with respect to the “scope of liability,” ie., whether liability is joint and several
- concluding that CERCLA was clear as to its ʺstandard of liability,ʺ 14 but ambiguous with respect to the ʺscope of liability,ʺ i.e., whether liability is joint 15 and several
- finding that the “language of the two statutes addressing liability and contribution is strikingly similar”
- finding that “the delineation of a uniform federal rule of decision is consistent with the legislative history and policies of CERCLA and ... that no compelling local interests mandate the incorporation of state law”
- denying a motion for summary judgment on the issue of joint and several liability in a complex hazardous-waste case
- examining Restatement as part of the common law for CERCLA because “the inevitable incompleteness presented by all legislation means that the interstitial federal lawmaking is a basic responsibility of the federal courts.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Carl B. Rubin
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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