Legal Opinion
California Ex Rel. California Department of Toxic Substances Control v. Hyampom Lumber Co.
District Court, E.D. California
Decided September 18, 1995No. CIV. S-94-1579 WBS/PANPublishedCited by 23 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
SHUBB, District Judge.
The State of California brings this CERCLA cost recovery action in an effort to recoup expenses it incurred cleaning up a contaminated lumber mill site in Trinity County. The State moves for summary judgment against each defendant on the grounds that there is no dispute of material fact as to liability under 42 U.S.C. § 9607. Defendants oppose the State’s motion and also move for summary judgment on the grounds that the State’s action for cost recovery is barred by the six-year statute of limitations provided at 42 U.S.C. § 9613(g)(2)(B). 1
Background
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2Cases cited10 opinions
- National Organization for Women, Inc. v. ScheidlerSupreme Court of the United States · 1994
- 3550 Stevens Creek Associates, a Limited Partnership v. Barclays Bank of CaliforniaCourt of Appeals for the Ninth Circuit · 1990
- Exxon Corp. v. HuntSupreme Court of the United States · 1986
- Kelley v. E.I. DuPont de Nemours & Co.Court of Appeals for the Sixth Circuit · 1994
- United States v. Rohm and Haas Company Rohm and Haas Delaware Valley, Inc. Chemical Properties, Inc. Bristol Township AuthorityCourt of Appeals for the Third Circuit · 1993
5 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- State of California, on Behalf of the California Department of Toxic Substances Control v. Neville Chemical Company, a CorporationCourt of Appeals for the Ninth Circuit · 2004
- Schaefer v. Town of VictorCourt of Appeals for the Second Circuit · 2006
- New York State Electric & Gas Corp. v. FirstEnergy Corp.Court of Appeals for the Second Circuit · 2014
- United States of America and State of Indiana v. Navistar International Transportation CorporationCourt of Appeals for the Seventh Circuit · 1998
- Advanced Micro Devices, Inc. v. National Semiconductor Corp.District Court, N.D. California · 1999
18 more not listed; retrieve them via the Exa API.