No. 22-1207

Columbia Falls Aluminum Company, LLC v. Atlantic Richfield Company

Lower Court: Ninth Circuit
Docketed: 2023-06-13
Status: Denied
Type: Paid
Experienced Counsel
Tags: abuse-of-discretion cercla district-court environmental-response-costs equitable-allocation fourth-circuit judicial-review standard-of-review
Key Terms:
Environmental AdministrativeLaw SocialSecurity Takings Securities
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Whether a district court's equitable allocation of environmental response costs pursuant to Section 113(f)(1) of CERCLA is properly reviewed on appeal for clear error or abuse of discretion

Question Presented (OCR Extract)

QUESTION PRESENTED Whether a district court’s equitable allocation of environmental response costs pursuant to Section 113@)(1) of the Comprehensive Environmental Response, Compensation, and _ Liability Act (CERCLA), 42 U.S.C. § 9613(f)(1), is properly reviewed on appeal only for clear error, as the Fourth, Fifth, and Ninth Circuits have held, or for abuse of discretion, as the First, Second, Third, Sixth, Seventh, Tenth, and D.C. Circuits have held.

Docket Entries

2023-10-02
Petition DENIED.
2023-08-30
DISTRIBUTED for Conference of 9/26/2023.
2023-08-29
Reply of petitioner Columbia Falls Aluminum Co., LLC filed. (Distributed)
2023-08-11
2023-07-03
Motion to extend the time to file a response is granted and the time is extended to and including August 14, 2023.
2023-06-29
Motion to extend the time to file a response from July 13, 2023 to August 14, 2023, submitted to The Clerk.
2023-06-12
Petition for a writ of certiorari filed. (Response due July 13, 2023)

Attorneys

Atlantic Richfield Co.
Jonathan William RauchwayDavis Graham & Stubbs LLP, Respondent
Jonathan William RauchwayDavis Graham & Stubbs LLP, Respondent
Columbia Falls Aluminum Co., LLC
Gregory George GarreLatham & Watkins LLP, Petitioner
Gregory George GarreLatham & Watkins LLP, Petitioner