Legal Opinion

Pinal Creek Group v. Newmont Mining Corp.

Court of Appeals for the Ninth Circuit

Decided July 2, 1997No. 96-16334PublishedCited by 66 opinions

1Opinion of the Court

TASHIMA, Circuit Judge:

This case requires us to decide whether the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §§ 9601-9675 (“CERCLA”), provides a party who is partly liable for the cleanup of a hazardous waste site with a claim against other potentially responsible parties *1300(“PRPs”) for the joint and several recovery of the totality of its cleanup costs. We answer in the negative.

/. BACKGROUND

“CERCLA was a response by Congress to the threat to public health and the environment posed by the widespread use and disposal of hazardous substances. Its purpose…

2Cases cited21 opinions

  1. Wilson v. GarciaSupreme Court of the United States · 1985
  2. DelCostello v. International Brotherhood of TeamstersSupreme Court of the United States · 1983
  3. Yamaha Motor Corp., USA v. CalhounSupreme Court of the United States · 1996
  4. Key Tronic Corp. v. United StatesSupreme Court of the United States · 1994
  5. Amoco Oil Company v. Borden, Inc.Court of Appeals for the Fifth Circuit · 1990

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3Cited by66 opinions

  1. Cooper Industries, Inc. v. Aviall Services, Inc.Supreme Court of the United States · 2004
  2. United States v. William M. Davis, Ashland, Inc.Court of Appeals for the First Circuit · 2001
  3. Fireman's Fund Insurance Company, a California Corporation v. City of Lodi, California, Jack Sieglock, in His Capacity as Mayor of the City of Lodi Richard Prima, Jr., in His Capacity as Enforcing Officer of Lodi Ordinance No. 1650 Randall A. Hays, Individually and in His Capacity as Lodi City Attorney Michael C. Donovan, Individually and in His Capacity as Lodi Assistant City Attorney Adam L. Babich, Individually and in His Capacity as Lodi Assistant City Attorney Steven H. Doto, Individually and in His Capacity as Lodi Assistant City Attorney Bret A. Stone, Individually and in His Capacity as Lodi Assistant City Attorney John R. Till, Individually and in His Capacity as Lodi Assistant City Attorney Zevnik, Horton, Guibord and McGovern Llp, Individually and in Their Capacity as Lodi Assistant City Attorneys Fran E. Forkas, in His Capacity as Enforcing Officer of Lodi Ordinance No. 1650, Unigard Insurance Company, a Washington Corporation Unigard Security Insurance Company, a Washington Corporation v. City of LodiCourt of Appeals for the Ninth Circuit · 2002
  4. Consolidated Edison Company of New York, Inc. v. Ugi Utilities, Inc., Docket No. 04-2409-CvCourt of Appeals for the Second Circuit · 2005
  5. State, Department of Human Services Ex Rel. Palmer v. Unisys Corp.Supreme Court of Iowa · 2001

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