Legal Opinion

Richland-Lexington Airport District v. Atlas Properties, Inc., D/B/A Carolina Chemicals

Court of Appeals for the Fourth Circuit

Decided May 9, 1990No. 89-2624PublishedCited by 15 opinions

1Opinion of the Court

WIDENER, Circuit Judge:

Richland-Lexington Airport District (Airport) appeals from the district court’s entry of judgment notwithstanding the verdict in a case in which it sought to recover costs incurred in removal of hazardous wastes from its property. Airport argues that the district court erred in holding that government approval for a cleanup is a prerequisite to private cost recovery under the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), 42 U.S.C. §§ 9601 et seq., in holding that the state agency did not approve Airport’s cleanup plan, and in holding that…

2Cases cited5 opinions

  1. Udall v. TallmanSupreme Court of the United States · 1965
  2. Wickland Oil Terminals, a California Corporation v. Asarco, Inc., a New Jersey Corporation, and State Lands Commission of CaliforniaCourt of Appeals for the Ninth Circuit · 1986
  3. Bulk Distribution Centers, Inc. v. Monsanto Co.District Court, S.D. Florida · 1984
  4. Artesian Water Co. v. Government of New Castle CountyDistrict Court, D. Delaware · 1985
  5. Carolina Chemicals, Inc. v. South Carolina Department of Health & Environmental ControlCourt of Appeals of South Carolina · 1986

3Cited by15 opinions

  1. Weyerhaeuser Corp. v. Koppers Co., Inc.District Court, D. Maryland · 1991
  2. Charles E. Little, Jr. v. Federal Bureau of Investigation Joseph v. Corless John Doe William P. Barr, Attorney General of the United StatesCourt of Appeals for the Fourth Circuit · 1993
  3. Ashley II of Charleston LLC v. PCS Nitrogen IncorporatedCourt of Appeals for the Fourth Circuit · 2013
  4. Rhodes v. County of Darlington, SCDistrict Court, D. South Carolina · 1992
  5. United States v. TaylorDistrict Court, M.D. North Carolina · 1995

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