Legal Opinion
Artesian Water Co. v. Government of New Castle County
District Court, D. Delaware
Decided April 24, 1987No. Civ. A. 83-854 MMSPublishedCited by 127 opinions
1Opinion of the Court
OPINION
MURRAY M. SCHWARTZ, Chief Judge.
Plaintiff Artesian Water Company (“Artesian”) seeks to recover costs that it claims have been or will be incurred as a result of a release or threatened release of hazardous substances from a landfill owned by defendant New Castle County (“the County”). Artesian asserts these costs are “response costs” as that term is defined by the Comprehensive Environmental Response, Compensation, and Liability Act of " 1980 (“CERCLA”), 42 U.S.C. §§ 9601 et seq.
On February 14, 1985, Judge Stapleton granted the County’s motion to dismiss Artesian’s CERCLA claim.…
2Cases cited41 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
- Udall v. TallmanSupreme Court of the United States · 1965
- Sartor v. Arkansas Natural Gas Corp.Supreme Court of the United States · 1944
- Liberty Mutual Insurance v. WetzelSupreme Court of the United States · 1976
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3Cited by127 opinions
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- Dedham Water Co., Inc. v. Cumberland Farms Dairy, Inc.Court of Appeals for the First Circuit · 1992
- Tanglewood East Homeowners Jimmie D. Lee, Jr. v. Charles-Thomas, Inc., First Federal Savings & Loan Association of ConroeCourt of Appeals for the First Circuit · 1988
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