Legal Opinion

United States of America, Cross-Appellee v. John Tarkowski

Court of Appeals for the Seventh Circuit

Decided April 18, 2001No. 00-2393, 00-2473PublishedCited by 12 opinions

1Opinion of the Court

POSNER, Circuit Judge.

The government appeals from the .dismissal of a suit by which the EPA sought access to tbe property of John Tarkowski, pursuant to section 104(e) of the Superfund statute (Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA)), 42 U.S.C. § 9604(e), for the purpose of “remediation,” specifically, of investigating possible environmental hazards and removing quantities of Mr. Tarkowski’s personal property and other materials. The judge concluded that the action for which the EPA sought authorization would be arbitrary and capricious in the…

2Cases cited17 opinions

  1. Marshall v. Barlow's, Inc.Supreme Court of the United States · 1978
  2. Massachusetts Mutual Life Insurance v. LudwigSupreme Court of the United States · 1976
  3. Petrovic v. Amoco Oil Co.Court of Appeals for the Eighth Circuit · 1999
  4. Nutrasweet Company, and Monsanto Company v. X-L Engineering Company, and Paul T. Prikos, IndividuallyCourt of Appeals for the Seventh Circuit · 2000
  5. North Shore Gas Company v. Environmental Protection AgencyCourt of Appeals for the Seventh Circuit · 1991

12 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Sarah E. Frey, Kevin Enright, and Protect Our Woods, Inc. v. Environmental Protection Agency, Christie Whitman, Administrator, and Viacom, Inc.Court of Appeals for the Seventh Circuit · 2001
  2. BHC Interim Funding, L.P. v. Finantra Capital, Inc.District Court, S.D. New York · 2003
  3. United States v. Casey J. Tolar, Jr.Court of Appeals for the Seventh Circuit · 2001
  4. United States v. SaporitoDistrict Court, N.D. Illinois · 2010
  5. Weitzenkamp v. Unum Life Ins. Co. of AmericaCourt of Appeals for the Seventh Circuit · 2011

7 more not listed; retrieve them via the Exa API.

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