Legal Opinion
Artesian Water Co. v. Government of New Castle County
Court of Appeals for the Third Circuit
Decided June 29, 1988No. Nos. 87-3622, 87-3623PublishedCited by 28 opinions
1Opinion of the Court
OPINION OF THE COURT
WEIS, Circuit Judge.*
On this appeal a private water utility seeks damages for the loss of potential withdrawals from artesian wells threatened by pollution from an adjacent landfill. The district court denied recovery except for the expense of monitoring the movement of the contamination leachate. We will affirm primarily on the ground that under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) the cause of action for damage to natural resources is generally restricted *645to governmental entities and is not available to private…
2Cases cited4 opinions
- Exxon Corp. v. HuntSupreme Court of the United States · 1986
- Wickland Oil Terminals, a California Corporation v. Asarco, Inc., a New Jersey Corporation, and State Lands Commission of CaliforniaCourt of Appeals for the Ninth Circuit · 1986
- Artesian Water Co. v. Government of New Castle CountyDistrict Court, D. Delaware · 1987
- Artesian Water Co. v. Government of New Castle CountyDistrict Court, D. Delaware · 1985
3Cited by28 opinions
- Lansford-Coaldale Joint Water Authority, in No. 92-7605 v. Tonolli Corporation Tonolli Canada, Ltd. Ifim International B v. in No. 92-7671Court of Appeals for the Third Circuit · 1993
- Commander Oil Corp. v. Barlo Equipment Corp.Court of Appeals for the Second Circuit · 2000
- Mayor and Council v. Klockner & KlocknerDistrict Court, D. New Jersey · 1993
- Lutz v. Chromatex, Inc.District Court, M.D. Pennsylvania · 1989
- Bolin v. Cessna Aircraft Co.District Court, D. Kansas · 1991
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