Legal Opinion

OHM Remediation Services v. Evans Cooperage Co.

Court of Appeals for the Fifth Circuit

Decided August 4, 1997No. 96-30714PublishedCited by 25 opinions

1Opinion of the Court

EMILIO M. GARZA, Circuit Judge:

OHM Remediation Services appeals the district court’s dismissal of its action to recover response costs under the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), 42 U.S.C. §§ 9607 and 9613. In a case posing two issues of first impression in the federal courts of appeal regarding the response cost recovery and contribution provisions of CERCLA, we reverse and remand.

I

The relevant facts here are not in dispute. Louisiana Oil Recycle and Reuse (“Louisiana Oil”) operated a facility in Baton Rouge that recycled nonhazardous waste. In…

2Cases cited11 opinions

  1. Amoco Oil Company v. Borden, Inc.Court of Appeals for the Fifth Circuit · 1990
  2. Mardan Corporation v. C.G.C. Music, Ltd. And MacMillan Inc.Court of Appeals for the Ninth Circuit · 1986
  3. Doddy v. Oxy USA, Inc.Court of Appeals for the Fifth Circuit · 1996
  4. B.F. Goodrich Co. v. MurthaCourt of Appeals for the Second Circuit · 1992
  5. United States v. Alcan Aluminum Corp.Court of Appeals for the Second Circuit · 1993

6 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Blasland, Bouck & Lee, Inc. v. City of North MiamiCourt of Appeals for the Eleventh Circuit · 2002
  2. Public Service Company Of Colorado v. Gates Rubber CompanyCourt of Appeals for the Tenth Circuit · 1999
  3. Aviall Services, Inc. v. Cooper Industries, Inc.Court of Appeals for the Fifth Circuit · 2001
  4. OHM Remediation Services v. Evans Cooperage Co., Inc.Court of Appeals for the Third Circuit · 1997
  5. Settoon Towing, L.L.C. v. Marquette Transportation Co.Court of Appeals for the Fifth Circuit · 2017

20 more not listed; retrieve them via the Exa API.

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