Legal Opinion

City of Bangor v. Citizens Communications Co.

Court of Appeals for the First Circuit

Decided July 9, 2008No. 07-2193, 07-2255, 07-2759, 07-2777PublishedCited by 60 opinions

1Opinion of the Court

LYNCH, Chief Judge.

This case concerns responsibility for the cleanup of the contamination of the bed of Penobscot River in Bangor, Maine, known as Dunnett’s Cove, under the federal Comprehensive Environmental Response Compensation and Liability Act (“CERCLA”), 42 U.S.C. § 9601 et seq.

Specifically, we are being asked to overturn the district court’s approval, after nearly five years of litigation, of a Consent Decree which allocates certain responsibilities among defendant Citizens Communications Company, the plaintiff City of Bangor, and the intervenor State of Maine (including the Maine…

2Cases cited36 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Landis v. North American Co.Supreme Court of the United States · 1936
  3. Quern v. JordanSupreme Court of the United States · 1979
  4. Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001
  5. Christianson v. Colt Industries Operating Corp.Supreme Court of the United States · 1988

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3Cited by60 opinions

  1. Niagara Mohawk Power Corp. v. Chevron U.S.A., Inc.Court of Appeals for the Second Circuit · 2010
  2. United States Ex Rel. Ge v. Takeda Pharmaceutical Co.Court of Appeals for the First Circuit · 2013
  3. City of Emeryville v. The Sherwin-Williams CompanyCourt of Appeals for the Ninth Circuit · 2010
  4. Weaver's Cove Energy, LLC v. Rhode Island Coastal Resources Management CouncilCourt of Appeals for the First Circuit · 2009
  5. State of Arizona v. Raytheon CompanyCourt of Appeals for the Ninth Circuit · 2014

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