Fmc Corporation v. United States Department of Commerce Ronald Brown, Secretary of Commerce, in His Official Capacity United States of America

OPINION OF THE COURT

GREENBERG, Circuit Judge.

I. FACTUAL AND PROCEDURAL BACKGROUND

The United States and the United States Department of Commerce appeal from a final judgment entered on September 17, 1992, by the United States District Court for the Eastern District of Pennsylvania. The court held the United States jointly and severally liable, as an “owner,” “operator” and “arranger,” for response costs for which the plaintiff FMC Corporation is or will be responsible under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) to clean up hazardous waste created…