Legal Opinion
Amcast Industrial Corporation and Elkhart Products Corporation v. Detrex Corporation
Court of Appeals for the Seventh Circuit
Decided August 12, 1993No. 92-2365PublishedCited by 164 opinions
1Opinion of the Court
POSNER, Circuit Judge.
This appeal requires us to explore the outer limits of the “Superfund” statute — the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 U.S.C. §§ 9601 et seq. We must decide whether, as the district court concluded, the Act extends to any chemical spill that creates an environmental hazard. 779 F.Supp. 1519. This is an important question that has not until now been the subject of an appellate case. Our conclusion is that the spiller, but not the shipper of the chemical that spilled, is within the Act’s long reach.
The facts are simple…
2Cases cited22 opinions
- Singleton v. WulffSupreme Court of the United States · 1976
- United States National Bank v. Independent Insurance Agents of America, Inc.Supreme Court of the United States · 1993
- Bellotti v. BairdSupreme Court of the United States · 1976
- Dawson v. General Motors Corp.Court of Appeals for the Seventh Circuit · 1992
- Arcadia v. Ohio Power Co.Supreme Court of the United States · 1991
17 more not listed; retrieve them via the Exa API.
3Cited by164 opinions
- Hedrick G. Humphries v. Cbocs West, Inc.Court of Appeals for the Seventh Circuit · 2007
- Burlington Northern & Santa Fe Railway Co. v. United StatesSupreme Court of the United States · 2009
- Scholes v. LehmannCourt of Appeals for the Seventh Circuit · 1995
- County of McHenry v. Insurance Company of the WestCourt of Appeals for the Seventh Circuit · 2006
- Commonwealth Edison Company v. United StatesCourt of Appeals for the Federal Circuit · 2001
159 more not listed; retrieve them via the Exa API.