Legal Opinion

United States v. Ottati & Goss, Inc., United States of America v. Ottati & Goss, Inc., Appeal of State of New Hampshire, Intervenor/plaintiff

Court of Appeals for the First Circuit

Decided April 4, 1990No. 89-1063, 89-1065PublishedCited by 42 opinions

1Opinion of the Court

BREYER, Circuit Judge.

Nearly ten years ago the Environmental Protection Agency (“EPA”) began this lawsuit by asking a court to require several companies to clean up a thirty-four acre hazardous waste site near Kingston, New Hampshire. The suit eventually consisted of two claims that are relevant here, both made under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (“CERCLA”). First, EPA said that “actual or threatened release[s]” of “hazardous substance[s]” from the site posed “an imminent and substantial endangerment to the public health or welfare or the…

2Cases cited25 opinions

  1. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  2. Roadway Express, Inc. v. PiperSupreme Court of the United States · 1980
  3. Bradley v. School Bd. of RichmondSupreme Court of the United States · 1974
  4. Amoco Production Co. v. Village of GambellSupreme Court of the United States · 1987
  5. Weinberger v. Romero-BarceloSupreme Court of the United States · 1982

20 more not listed; retrieve them via the Exa API.

3Cited by42 opinions

  1. Kennecott Utah Copper Corporation v. United States Department of the Interior, American Iron and Steel Institute, IntervenorCourt of Appeals for the D.C. Circuit · 1996
  2. United States v. KramerDistrict Court, D. New Jersey · 1991
  3. Boarhead Corporation v. Edwin B. Erickson, Region Administrator, United States Environmental Protection Agency, Region IIICourt of Appeals for the Third Circuit · 1991
  4. Paul D. Reardon and John E. Reardon v. United States of America and the United States Environmental Protection AgencyCourt of Appeals for the First Circuit · 1991
  5. Wagner Seed Company, Inc. v. George Bush, as President of the United States of AmericaCourt of Appeals for the D.C. Circuit · 1991

37 more not listed; retrieve them via the Exa API.

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