Legal Opinion
ASHLEY II OF CHARLESTON, LLC v. PCS Nitrogen, Inc.
District Court, D. South Carolina
Decided October 13, 2010No. Civil Action 2:05-cv-2782-MBSPublishedCited by 2 opinions
1Opinion of the Court
AMENDED ORDER AND OPINION
MARGARET B. SEYMOUR, District Judge.
This is a cost-recovery action brought under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as amended, 42 U.S.C. §§ 9601, et seq., to recover costs incurred to remediate 33.95 acres of a 43 acre parcel of land in Charleston, South Carolina (“the Site”). On September 26, 2005, this lawsuit was filed under CERCLA § 107 (42 U.S.C. § 9607) by one of the Site’s current owners, Ashley II of Charleston, LLC (“Ashley”), against PCS Nitrogen, Inc. (“PCS”), seeking a declaratory judgment that PCS…
2Cases cited51 opinions
- United States v. Kimbell Foods, Inc.Supreme Court of the United States · 1979
- United States v. BestfoodsSupreme Court of the United States · 1998
- Paul Carter v. William L. Ball, IIICourt of Appeals for the Fourth Circuit · 1994
- Burlington Northern & Santa Fe Railway Co. v. United StatesSupreme Court of the United States · 2009
- United States v. Atlantic Research Corp.Supreme Court of the United States · 2007
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3Cited by2 opinions
- PCS Nitrogen, Inc. v. Ross Development Corp.District Court, D. South Carolina · 2015
- Pakootas v. Teck Cominco Metals, Ltd.District Court, E.D. Washington · 2012