Legal Opinion

Elf Atochem North America v. United States

District Court, E.D. Pennsylvania

Decided February 12, 1996No. Civ. A. 92-7458, 94-0662PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM

JOYNER, District Judge.

Today we resolve cross-motions for summary judgment asking whether the United States is liable as an Owner, Operator and/or Arranger under section 107(a) of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§ 9601-75 (1995) (CERCLA).

The claims against the United States are based on manufacturing activities that took place during World War Two at a location now known as the Myers Property. In 1941, Elko Chemical Works, Inc. obtained a one-year government contract to manufacture arsenic trichloride for the government. Arsenic…

2Cases cited15 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. J.F. Feeser, Inc. v. Serv-A-Portion, Inc.Court of Appeals for the Third Circuit · 1990
  4. Lansford-Coaldale Joint Water Authority, in No. 92-7605 v. Tonolli Corporation Tonolli Canada, Ltd. Ifim International B v. in No. 92-7671Court of Appeals for the Third Circuit · 1993
  5. Fmc Corporation v. United States Department of Commerce Ronald Brown, Secretary of Commerce, in His Official Capacity United States of AmericaCourt of Appeals for the Third Circuit · 1994

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3Cited by3 opinions

  1. Organic Chemical Site PRP Group v. Total Petroleum, Inc.District Court, W.D. Michigan · 1999
  2. Buc-Ee's, Ltd., A/K/A Buc-Ee's, Inc. v. John J. Hribek, Texas Court of Appeals, 3rd District (Austin)2009
  3. Buc-Ee's, Ltd., A/K/A Buc-Ee's, Inc. v. John J. Hribek, Texas Court of Appeals, 3rd District (Austin)2009

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