Legal Opinion
State of California, on Behalf of the California Department of Toxic Substances Control v. Neville Chemical Company, a Corporation
Court of Appeals for the Ninth Circuit
Decided February 10, 2004No. 02-56506PublishedCited by 92 opinions
1Opinion of the Court
BERZON, Circuit Judge:
The issue before us presents a question of statutory interpretation: Under the Comprehensive Environmental Response, Compensation and Liability Act (CERC-LA), when does the limitations period for suing to collect remedial action costs from a party responsible for hazardous substances begin? One would expect a fairly straightforward answer to that question in the statute. Potential 'plaintiffs need to know when to file suit, and potential defendants would surely prefer clear notice as to when their legal liability, if any, lapses. True, in the “maze”-like structure and…
2Cases cited28 opinions
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- Badaracco v. CommissionerSupreme Court of the United States · 1984
- Key Tronic Corp. v. United StatesSupreme Court of the United States · 1994
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3Cited by92 opinions
- City of Colton v. American Promotional Events, Inc.-WestCourt of Appeals for the Ninth Circuit · 2010
- Schaefer v. Town of VictorCourt of Appeals for the Second Circuit · 2006
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- NCR Corp. v. George A. Whiting Paper Co.Court of Appeals for the Seventh Circuit · 2014
- Gencorp, Inc., Plaintiff-Appellant/cross-Appellee v. Olin Corporation, Defendant-Appellee/cross-AppellantCourt of Appeals for the Sixth Circuit · 2004
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