Legal Opinion
Ashley II of Charleston LLC v. PCS Nitrogen Incorporated
Court of Appeals for the Fourth Circuit
Decided April 4, 2013No. 11-1662, 11-2087, 11-2099, 11-2104, 11-2297PublishedCited by 62 opinions
1Opinion of the Court
Affirmed by published opinion. Judge MOTZ wrote the opinion, in which Judge KING and Judge DIAZ joined.
OPINION
DIANA GRIBBON MOTZ, Circuit Judge:
These appeals arise from disputes as to liability for cleanup of hazardous substances at a former fertilizer manufacturing site in Charleston, South Carolina. After incurring response costs, Ashley II of Charleston, Inc., the current owner of a portion of the site, brought a cost recovery action against PCS Nitrogen, Inc., under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), 42 U.S.C. §§ 9601-9675 (2006). PCS…
2Cases cited37 opinions
- W.W.W. Associates, Inc. v. GiancontieriNew York Court of Appeals · 1990
- United States v. BestfoodsSupreme Court of the United States · 1998
- Astoria Federal Savings & Loan Ass'n v. SoliminoSupreme Court of the United States · 1991
- Burlington Northern & Santa Fe Railway Co. v. United StatesSupreme Court of the United States · 2009
- Kass v. KassNew York Court of Appeals · 1998
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3Cited by62 opinions
- Joseph Pakootas v. Teck Cominco Metals, Ltd.Court of Appeals for the Ninth Circuit · 2018
- Federal Trade Commission v. RossCourt of Appeals for the Fourth Circuit · 2014
- Kolb v. ACRA Control, Ltd.District Court, D. Maryland · 2014
- Orange Cnty. Water Dist. v. Alcoa Global Fasteners, Inc., California Court of Appeal, 5th District2017
- United States v. Yooho WeonCourt of Appeals for the Fourth Circuit · 2013
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