UNITED STATES of America, Plaintiff, and State of Minnesota, by its Attorney General Hubert H. Humphrey, III, its Department of Health, and its Pollution Control Agency, Plaintiff-Intervenor,
v.
REILLY TAR & CHEMICAL CORPORATION; Housing and Redevelopment Authority of St. Louis Park; Oak Park Village Associates, Rustic Oaks Condominium, Inc., and Philip's Investment Co., Defendants, and
CITY OF ST. LOUIS PARK, Plaintiff-Intervenor,
v.
REILLY TAR & CHEMICAL CORPORATION, Defendant, and
CITY OF HOPKINS, Plaintiff-Intervenor,
v.
REILLY TAR & CHEMICAL CORPORATION, Defendant.
REILLY TAR & CHEMICAL CORPORATION, Plaintiff,
v.
UNITED STATES of America; United States Environmental Protection Agency; Lee M. Thomas, Administrator, United States Environmental Protection Agency; Jock McGraw, Acting Assistant Administrator, Office of Solid Waste and Emergency Response of the Environmental Protection Agency; Valdas V. Adamkus, Regional Administrator of Region 5 of the Environmental Protection Agency; and Duane A. Dahlberg, Chairperson of the Minnesota Pollution Control Board; Thomas J. Kalitowski, Director of the Minnesota Pollution Control Agency, and Hubert H. Humphrey, III, Attorney General of the State of Minnesota, Defendants.
United States District Court, D. Minnesota, Fourth Division.https://leagle.com/images/logo.png
April 5, 1985.
April 5, 1985.
Attorney(s) appearing for the Case
William Sierks, David Hird, Donald Hornstein, Environmental Enforcement Section, Land & Natural Resources Div., U.S. Dept. of Justice, Washington, D.C., Robert E. Leininger, Asst. Regional Counsel, U.S. Environmental Protection Agency, Region V, Chicago, Ill., Francis X. Hermann, Asst. U.S. Atty., Minneapolis, Minn., for U.S.A.
Stephen Shakman, Lisa Tiegel, Minnesota Pollution Control Agency, Roseville, Minn., for State of Minnesota.
Edward J. Schwartzbauer, Michael J. Wahoske, Bill Keppel, Rebecca A. Comstock, Dorsey & Whitney, Minneapolis, Minn., for Reilly Tar & Chemical Corp.
Wayne G. Popham, Thomas E. Mielenhausen, Allen Hinderaker, Kathleen Martin, Popham, Haik, Schnobrich, Kaufman & Doty, Minneapolis, Minn., for City of St. Louis Park.
Jerre A. Miller, Vesely & Miller, Hopkins, Minn., and Russell C. Brown, Stolpestad, Brown & Smith, St. Paul, Minn., for City of Hopkins.
Laurance R. Waldoch, Lindquist & Vennum, Minneapolis, Minn., for Oak Park Village.
Thomas W. Wexler, Peterson, Engberg & Peterson, Minneapolis, Minn., for Philip's Inv. Co.
James T. Swenson, Mackall, Crounse & Moore, Minneapolis, Minn., for T.C.F. Service Corp., successor in interest to Rustic Oaks Condominium, Inc.
United States District Court, D. Minnesota, Fourth Division.
MEMORANDUM ORDER
MAGNUSON, District Judge.
At issue in this case is the constitutionality of the punitive damages provision of the Comprehensive Environmental Response Compensation and Liability Act of 1980 (CERCLA), 42 U.S.C. § 9601 et seq., and the penalty provision of the Minnesota Environmental Response and Liability Act (MERLA), Minn.Stat. § 115B.01 et seq. (1984). This matter is before this court upon Reilly Tar's motion for...
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