Legal Opinion
Cadillac Fairview/California, Inc. v. Dow Chemical Co.
Court of Appeals for the Ninth Circuit
Decided August 6, 2002No. 99-56641PublishedCited by 19 opinions
1Opinion of the Court
OPINION
KLEINFELD, Circuit Judge.
This is a CERCLA dispute about whether the federal government can make a company that discharged pollutants into the soil at the government’s direction and under its control during World War II, in a war production plant, pay part of the cost of cleaning them up.
Facts
In 1942, the Japanese had conquered almost all of the world’s major natural rubber-producing areas in Southeast Asia. The Germans had perfected a synthetic rubber substitute, Buna-S, which they were manufacturing as quickly as possible at several plants, including the I.G. Farben plant in Auschwitz…
2Cases cited6 opinions
- Mardan Corporation v. C.G.C. Music, Ltd. And MacMillan Inc.Court of Appeals for the Ninth Circuit · 1986
- Fmc Corporation v. United States Department of Commerce Ronald Brown, Secretary of Commerce, in His Official Capacity United States of AmericaCourt of Appeals for the Third Circuit · 1994
- Boeing Company, Plaintiff-Appellee-Cross-Appellant v. Cascade Corporation, Opinion-Appellant-Cross-AppelleeCourt of Appeals for the Ninth Circuit · 2000
- Olin Corporation v. Yeargin IncorporatedCourt of Appeals for the Sixth Circuit · 1998
- H. George Dent, Jr. Ashley Realty Company, Incorporated, a South Carolina Corporation Southern Dredging Company, Incorporated, a South Carolina Corporation v. Beazer Materials and Services, Incorporated Beazer East, Incorporated, & Third Party v. Agrico Chemical Company Continental Oil Company American Agricultural Chemical Company Fos-Kem Liquidation Corporation, & Third Party and Celanese Polymer Specialties Company Hanson Plc Hanson Industries v. Braswell Shipyards, Incorporated, Third PartyCourt of Appeals for the Third Circuit · 1998
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Castaic Lake Water Agency v. Whittaker Corp.District Court, C.D. California · 2003
- Pakootas v. Teck Cominco Metals, Ltd.Court of Appeals for the Ninth Circuit · 2006
- TDY Holdings, LLC v. United StatesCourt of Appeals for the Ninth Circuit · 2017
- United States v. Sterling Centrecorp Inc.Court of Appeals for the Ninth Circuit · 2020
- TDY Holdings, LLC v. United StatesDistrict Court, S.D. California · 2015
14 more not listed; retrieve them via the Exa API.