Legal Opinion
Manor Care, Inc. v. Yaskin
Court of Appeals for the Third Circuit
Decided December 4, 1991No. 91-5128PublishedCited by 26 opinions
1Opinion of the Court
OPINION OF THE COURT
ALITO, Circuit Judge:
This case presents the question whether the federal Comprehensive Environmental Resource, Compensation, and Liability Act (“CERCLA” or “Superfund”), 42 U.S.C. § 9601-9675, preempts the issuance of certain directives by the New Jersey Department of Environmental Protection under authority implicitly conferred by the New Jersey Spill Compensation and Control Act (“Spill Act”), N.J.Stat.Ann. § 58:10-23.11, 23.11a-z. These directives required a responsible party to pay for the state’s share of cleanup costs at a CERCLA site. The district court held that…
2Cases cited13 opinions
- Allis-Chalmers Corp. v. LueckSupreme Court of the United States · 1985
- Ingersoll-Rand Co. v. McClendonSupreme Court of the United States · 1990
- Fidelity Federal Savings & Loan Ass'n v. De La CuestaSupreme Court of the United States · 1982
- Jones v. Rath Packing Co.Supreme Court of the United States · 1977
- FMC Corp. v. HollidaySupreme Court of the United States · 1990
8 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- In the Matter of Reading Company, Debtor. United States of America, in 95-1987. In the Matter of Reading Company, Debtor. Consolidated Rail Corporation, in 95-1988Court of Appeals for the Third Circuit · 1997
- Witco Corp. v. BeekhuisCourt of Appeals for the Third Circuit · 1994
- Bedford Affiliates v. SillsCourt of Appeals for the Second Circuit · 1998
- Mayor and Council v. Klockner & KlocknerDistrict Court, D. New Jersey · 1993
- Simon v. CebrickCourt of Appeals for the First Circuit · 1995
21 more not listed; retrieve them via the Exa API.