Legal Opinion

Pneumo Abex Corp. v. High Point, Thomasville & Denton Railroad

Court of Appeals for the Fourth Circuit

Decided April 29, 1998No. 97-1593, 97-1594 and 97-1599PublishedCited by 8 opinions

1Opinion of the Court

Reversed and remanded by published opinion. Senior Judge MICHAEL wrote the opinion, in which Judge LUTTIG and Judge GOODWIN joined. •

OPINION

MICHAEL, District Judge:

Since the enactment in 1980 of the Comprehensive Environmental "Response, Compensation, and Liability Act (CERCLA), litigation over the cost of clean up of polluted sites has grown steadily. The courts have struggled to interpret and refine the enforcement and liability scheme laid out by the Act. This case joins the growing number of suits raising questions about the limits of liability for environmental pollution.

Between 1927 and…

2Cases cited23 opinions

  1. Shaw v. StroudCourt of Appeals for the Fourth Circuit · 1994
  2. Amoco Oil Company v. Borden, Inc.Court of Appeals for the Fifth Circuit · 1990
  3. Redwing Carriers, Inc. v. Saraland ApartmentsCourt of Appeals for the Eleventh Circuit · 1996
  4. United States v. Alcan Aluminum Corp.Court of Appeals for the Third Circuit · 1992
  5. 3550 Stevens Creek Associates, a Limited Partnership v. Barclays Bank of CaliforniaCourt of Appeals for the Ninth Circuit · 1990

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3Cited by8 opinions

  1. Pneumo Abex Corporation Whitman Corporation City of Portsmouth, Virginia, a Municipal Corporation Portsmouth Redevelopment and Housing Authority v. High Point, Thomasville and Denton Railroad Company, Norfolk Southern Railway Company Norfolk & Western Railway Company, & Third Party and Csx Corporation Erie Lackawanna, Incorporated Consolidated Rail Corporation Greenlease Holding Company Lake Terminal Rail Company New York, Susquehanna & Western Railroad Company Usx Corporation John C. Holland, Jr. Cambria & Indiana Railroad Company Florida East Coast Railway Company, Csx Transportation, Incorporated Florida East Coast Industries, Incorporated Fruit Growers Express Company, Incorporated Pittsburgh & Lake Erie Railroad Company, Incorporated Richmond, Fredericksburg & Potomac Railroad Company, Incorporated Union Railroad Company, Incorporated Bessemer and Lake Erie Railroad Company, Incorporated, & Third Party Kaufman & Canoles, P.C., Party in Interest v. The Runnymede Corporation Holland Investment and Manufacturing Company, Incorporated American Premier Underwriters, Incorporated Wimco Wimco Metals, Incorporated Wilmat Holdings, Incorporated Triangle Industries, Incorporated Illinois Central Railroad Company, Third Party Virginia Manufacturers Association American Automobile Manufacturers Association Institute of Scrap Recycling Industries, Incorporated, Amici Curiae. Pneumo Abex Corporation Whitman Corporation City of Portsmouth, Virginia, a Municipal Corporation Portsmouth Redevelopment and Housing Authority v. Csx Transportation, Incorporated Fruit Growers Express Company, Incorporated, & Third Party and Csx Corporation Erie Lackawanna, Incorporated Consolidated Rail Corporation Greenlease Holding Company High Point, Thomasville and Denton Railroad Company Lake Terminal Rail Company New York, Susquehanna & Western Railroad Company Usx Corporation John C. Holland, Jr. Cambria & Indiana Railroad Company Florida East Coast Railway Company, Florida East Coast Industries, Incorporated Norfolk Southern Railway Company, Norfolk & Western Railway Company Pittsburgh & Lake Erie Railroad Company Incorporated Richmond, Fredericksburg & Potomac Railroad Company, Incorporated Union Railroad Company, Incorporated Bessemer and Lake Erie Railroad Company, Incorporated, & Third Party Kaufman & Canoles, P.C., Party in Interest v. The Runnymede Corporation Holland Investment and Manufacturing Company, Incorporated American Premier Underwriters, Incorporated Wimco Wimco Metals, Incorporated Wilmat Holdings, Incorporated Triangle Industries, Incorporated Illinois Central Railroad Company, Third Party Virginia Manufacturers Association American Automobile Manufacturers Association Institute of Scrap Recycling Industries, Incorporated, Amici Curiae. Pneumo Abex Corporation Whitman Corporation City of Portsmouth, Virginia, a Municipal Corporation Portsmouth Redevelopment and Housing Authority v. High Point, Thomasville and Denton Railroad Company, Csx Transportation, Incorporated Fruit Growers Express Company, Incorporated Norfolk Southern Railway Company Norfolk & Western Railway Company, & Third Party and Csx Corporation Erie Lackawanna, Incorporated Consolidated Rail Corporation Greenlease Holding Company Lake Terminal Rail Company New York, Susquehanna & Western Railroad Company Usx Corporation John C. Holland, Jr. Cambria & Indiana Railroad Company Florida East Coast Railway Company, Florida East Coast Industries, Incorporated Pittsburgh & Lake Erie Railroad Company, Incorporated Richmond, Fredericksburg & Potomac Railroad Company, Incorporated Union Railroad Company, Incorporated Bessemer and Lake Erie Railroad Company, Incorporated, & Third Party Kaufman & Canoles, P.C., Party in Interest v. The Runnymede Corporation Holland Investment and Manufacturing Company, Incorporated American Premier Underwriters, Incorporated Wimco Wimco Metals, Incorporated Wilmat Holdings, Incorporated Triangle Industries, Incorporated Illinois Central Railroad Company, Third Party Virginia Manufacturers Association American Automobile Manufacturers Association Institute of Scrap Recycling Industries, Incorporated, Amici CuriaeCourt of Appeals for the Third Circuit · 1998
  2. De Nemours and Company v. United StatesCourt of Appeals for the Third Circuit · 2006
  3. Atlantic Research v. United StatesCourt of Appeals for the Eighth Circuit · 2006
  4. Atlantic Richfield v. 2nd Jud. DistMontana Supreme Court · 2017
  5. Consolidation Coal Company v. Georgia Power CompanyCourt of Appeals for the Fourth Circuit · 2015

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