Legal Opinion
Florida Power Corp. v. FirstEnergy Corporation
Court of Appeals for the Sixth Circuit
Decided November 5, 2015No. 14-4126PublishedCited by 22 opinions
1Opinion of the CourtGriffin, J., joined by Stafford, D.J.,
SUHRHEINRICH, J. (pp. 1010-19), delivered a separate dissenting opinion.
OPINION
GRIFFIN, Circuit Judge.
Almost seventy years ago, plaintiffs predecessor in interest owned and operated two coal gasification plants in Florida. In 1998 and 2003, plaintiff entered into Administrative Orders by Consent (“AOCs”) with the U.S. Environmental Protection Agency to assess the feasibility of remediation of environmental contamination at those sites. At issue in this case is the narrow legal question of whether those AOCs constitute “administrative settlements” for purposes of the Comprehensive…
2Cases cited13 opinions
- JPMorgan Chase Bank, N.A. v. WingetCourt of Appeals for the Sixth Circuit · 2007
- Cooper Industries, Inc. v. Aviall Services, Inc.Supreme Court of the United States · 2004
- United States v. Atlantic Research Corp.Supreme Court of the United States · 2007
- Tucker v. Middleburg-Legacy Place, LLCCourt of Appeals for the Sixth Circuit · 2008
- Bernstein v. BankertCourt of Appeals for the Seventh Circuit · 2012
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3Cited by22 opinions
- Hitchcock v. Cumberland University 403(b) DC PlanCourt of Appeals for the Sixth Circuit · 2017
- Red Hed Oil, Inc. v. H.T. Hackney Co.District Court, E.D. Kentucky · 2017
- Asarco LLC v. Atlantic Richfield Co.Court of Appeals for the Ninth Circuit · 2017
- Wilmington Trust Co. v. AEP Generating Co.Court of Appeals for the Sixth Circuit · 2017
- Government of Guam v. United StatesCourt of Appeals for the D.C. Circuit · 2020
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