Legal Opinion

Boarhead Corporation v. Edwin B. Erickson, Region Administrator, United States Environmental Protection Agency, Region III

Court of Appeals for the Third Circuit

Decided January 16, 1991No. 90-1040PublishedCited by 80 opinions

1Opinion of the Court

OPINION OF THE COURT

HUTCHINSON, Circuit Judge.

This appeal presents the conflicting demands two federal statutes — the National Historic Preservation Act of 1966 (Preservation Act), as amended, 16 U.S.C.A. §§ 470 to 470w-6 (West 1985 & Supp.1990), and the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), as amended, 42 U.S.C.A. §§ 9601-9675 (West 1983 & Supp.1990)— place upon the Environmental Protection Agency (EPA) when the EPA decides to conduct preclean-up studies on a Superfund 1 site that is also eligible to be listed as a historic place. We must…

2Cases cited45 opinions

  1. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  2. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
  3. M'culloch v. State of MarylandSupreme Court of the United States · 1819
  4. Bell v. HoodSupreme Court of the United States · 1946
  5. Consumer Product Safety Commission v. GTE Sylvania, Inc.Supreme Court of the United States · 1980

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3Cited by80 opinions

  1. Costner v. URS Consultants, Inc.Court of Appeals for the Eighth Circuit · 1998
  2. El Paso Natural Gas Company v. United StatesCourt of Appeals for the D.C. Circuit · 2014
  3. McClellan Ecological Seepage Situation v. PerryCourt of Appeals for the Ninth Circuit · 1995
  4. Clinton County Commissioners Arrest the Incinerator Remediation, Inc. ("a.i.r., Inc.") v. United States Environmental Protection Agency Carol BrownerCourt of Appeals for the Third Circuit · 1997
  5. Virgin Islands Housing Authority American Arbitration Association, Virgin Islands Housing Authority v. Coastal General Construction Services Corporation Charley's Trucking, Coastal General Construction Services Corporation, Coastal General Construction Services Corporation v. American Arbitration Association Virgin Islands Housing Authority, Virgin Islands Housing AuthorityCourt of Appeals for the Third Circuit · 1994

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