Legal Opinion
Commonwealth Oil Refining Co. v. United States Environmental Protection Agency
Court of Appeals for the Fifth Circuit
Decided November 25, 1986No. Nos. 85-2827, 85-2828PublishedCited by 1 opinion
1Opinion of the Court
RANDALL, Circuit Judge:
Appellants, Commonwealth Oil Refining Company, Inc. (CORCO), the debtor-in-possession, the Committee of Unsecured Creditors, and the Indenture Trustee, appeal from the district court’s order affirming the bankruptcy court’s decision that the United States Environmental Protection Agency’s (EPA) administrative action to bring CORCO into compliance with federal and state environmental laws is exempt from the automatic stay provision of the Bankruptcy Reform Act of 1978 (Bankruptcy Code), 11 U.S.C. § 362(a), and should not be stayed under § 105 of the Bankruptcy Code. We…
2Cases cited34 opinions
- Powell v. McCormackSupreme Court of the United States · 1969
- Aetna Life Insurance v. HaworthSupreme Court of the United States · 1937
- Consumer Product Safety Commission v. GTE Sylvania, Inc.Supreme Court of the United States · 1980
- Midlantic National Bank v. New Jersey Department of Environmental ProtectionSupreme Court of the United States · 1986
- Ohio v. KovacsSupreme Court of the United States · 1985
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3Cited by1 opinion
- In the Matter of Commonwealth Oil Refining Co., Inc., Debtor. Commonwealth Oil Refining Company, Inc. v. United States Environmental Protection Agency, in the Matter of Commonwealth Oil Refining Co., Inc., Debtor. Official Committee of Unsecured Creditors v. United States Environmental Protection AgencyCourt of Appeals for the Fifth Circuit · 1986