Legal Opinion

United States v. City & County of Denver

Court of Appeals for the Tenth Circuit

Decided November 18, 1996No. 96-1091PublishedCited by 38 opinions

1Opinion of the Court

PAUL KELLY, Jr., Circuit Judge.

Defendant-Appellant City and County of Denver appeals from a grant of summary judgment in favor of Plaintiff-Appellee Unit ed States on the United States’ declaratory judgment action. The district court granted summary judgment on the grounds that Denver’s zoning ordinance is preempted by the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), Pub.L. No. 96-510, 94 Stat. 2767 (codified as amended at 42 U.S.C. §§ 9601-9675). Our jurisdiction arises under 28 U.S.C. § 1291. We affirm.

Background

Congress enacted CERCLA to provide a…

2Cases cited10 opinions

  1. Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
  2. Gibbons v. OgdenSupreme Court of the United States · 1824
  3. Freightliner Corp. v. MyrickSupreme Court of the United States · 1995
  4. Wisconsin Public Intervenor v. MortierSupreme Court of the United States · 1991
  5. Malone v. White Motor Corp.Supreme Court of the United States · 1978

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3Cited by38 opinions

  1. Richmond v. Oneok, Inc.Court of Appeals for the Tenth Circuit · 1997
  2. Hutchinson v. PfeilCourt of Appeals for the Tenth Circuit · 1997
  3. Fireman's Fund Insurance Company, a California Corporation v. City of Lodi, California, Jack Sieglock, in His Capacity as Mayor of the City of Lodi Richard Prima, Jr., in His Capacity as Enforcing Officer of Lodi Ordinance No. 1650 Randall A. Hays, Individually and in His Capacity as Lodi City Attorney Michael C. Donovan, Individually and in His Capacity as Lodi Assistant City Attorney Adam L. Babich, Individually and in His Capacity as Lodi Assistant City Attorney Steven H. Doto, Individually and in His Capacity as Lodi Assistant City Attorney Bret A. Stone, Individually and in His Capacity as Lodi Assistant City Attorney John R. Till, Individually and in His Capacity as Lodi Assistant City Attorney Zevnik, Horton, Guibord and McGovern Llp, Individually and in Their Capacity as Lodi Assistant City Attorneys Fran E. Forkas, in His Capacity as Enforcing Officer of Lodi Ordinance No. 1650, Unigard Insurance Company, a Washington Corporation Unigard Security Insurance Company, a Washington Corporation v. City of LodiCourt of Appeals for the Ninth Circuit · 2002
  4. Costner v. URS Consultants, Inc.Court of Appeals for the Eighth Circuit · 1998
  5. El Paso Natural Gas Company v. United StatesCourt of Appeals for the D.C. Circuit · 2014

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