Legal Opinion
Hill v. East Asiatic Co. (In re Bergsoe Metal Corp.)
Court of Appeals for the Ninth Circuit
Decided August 9, 1990No. 89-35397PublishedCited by 2 opinions
1Opinion of the Court
KOZINSKI, Circuit Judge:
The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§ 9601 et seq. (CERCLA), provides that the “owner” of a contaminated facility is liable for the costs of cleanup. It is left for the courts, however, to clean up the mess left behind by complicated financial transactions. We search for the CERCLA owner.
Facts
Bergsoe Metals is a Delaware corporation formed in 1978 for the purpose of conducting a lead recycling operation. The East Asiatic Company, Ltd., The East Asiatic Company, Inc. and Heidelberg Eastern, Inc. (collectively, EAC) are…
2Cases cited2 opinions
- United States v. Fleet Factors Corp.Court of Appeals for the Third Circuit · 1990
- Karamanos v. EggerCourt of Appeals for the Ninth Circuit · 1989
3Cited by2 opinions
- Chauffeurs, Sales Drivers, Warehousemen & Helpers Union Local 572, International Brotherhood of Teamsters, Afl-Cio v. Weslock CorporationCourt of Appeals for the Ninth Circuit · 1995
- In Re Bergsoe Metal Corporation, a Delaware Corporation, Ssn I.D. No. 93-0174023, Debtor, David A. Hill, Trustee for Bergsoe Metal Corporation and United States National Bank of Oregon, a National Banking Association v. The East Asiatic Company, Ltd. The East Asiatic Company, Inc. Heidelberg Eastern, Inc., Defendants-Counterclaimants/appellants v. Port of St. Helens, Counterdefendant/appelleeCourt of Appeals for the Ninth Circuit · 1990