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· 12/9/1985

United States v. Ottati & Goss, Inc.

Citations

  • 630 F. Supp. 1361
  • 23 ERC 1705
  • 16 Envtl. L. Rep. (Envtl. Law Inst.) 20763
  • 23 ERC (BNA) 1705
  • 1985 U.S. Dist. LEXIS 13023

How courts have described this case

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

  • holding multiple defendants jointly and severally liable under RCRA
  • holding multiple defendants jointly and severally liable under RCRA
  • “[t]he burden of proof is upon the defendants to establish that a reasonable basis exists for apportioning the harm amongst them”
  • number of drums contributed by each generator does not render harm divisible because proportional harm cannot be isolated with any degree of accuracy
  • “Endangerment means a threatened or potential harm and does not require proof of actual harm.”
  • applying RCRA as amended in 1984

Source: CourtListener parenthetical corpus (CC0).

Judges: Loughlin

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.