Northern Assurance Co. of America v. Thomson Inc.

I concur with the majority’s conclusions that ESLIC did not waive its choice-of law argument and that under a choice-of-law analysis, California law applies. However, I part ways with the majority’s application of California law, trusting that if our envi*800ronmentally-conscious colleagues to the west were confronted with this issue, they would no longer permit their environment to go uncleansed.

To begin, Congress passed The Federal Comprehensive Environmental Responsibility, Compensation, and Liability Act of 1980 (CERCLA) to facilitate the prompt cleanup of hazardous waste sites. Cnty. of…