UNITED STATES of America and the State of New York, Plaintiffs-Appellees,
The Province of Ontario, Canada, and the Minister of the Environment of the Province of Ontario, Canada, Plaintiffs-Intervenors-Appellants,
v.
HOOKER CHEMICAL & PLASTICS CORP., Hooker Chemical Corp., Occidental Petroleum Investment Co., Occidental Petroleum Corp., and the City of Niagara Falls ("S" Area Landfill), Defendants-Appellees.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued October 11, 1985.
Decided November 6, 1985.
Attorney(s) appearing for the Case
Bruce J. Terris, Washington, D.C. (Terris and Sunderland, Washington, D.C., of counsel), for plaintiffs-intervenors-appellants.
Jacques B. Gelin, Dept. of Justice, Washington, D.C. (F. Henry Habicht II, Asst. Atty. Gen., Washington, D.C., and Salvatore R. Martoche, U.S. Atty., Buffalo, N.Y.; David C. Shilton and Bruce J. Berger, Attys., Dept. of Justice, Washington, D.C.; and William Walsh, Atty., E.P.A., Washington, D.C., of counsel), for plaintiff-appellee U.S.
Beryl Kuder, Asst. Atty. Gen., Environmental Protection Bureau, Dept. of Law, New York City, for plaintiff-appellee State of New York.
Joel E. Schweitzer, Niagara Falls, N.Y. (Gellman, Brydges, Schroff & Schweitzer, Niagara Falls, N.Y., of counsel), for defendant-appellee City of Niagara Falls.
George Berger, New York City (Louis Nizer and Martin B. Wasser of Phillips, Nizer, Benjamin, Krim & Ballon, New York City; Thomas H. Truitt, William R. Weissman and Keith S. Watson of Wald, Harkrader & Ross, Washington, D.C.; and David K. Floyd of Phillips, Lytle, Hitchcock, Blaine & Huber, Buffalo, N.Y., of counsel), for defendants-appellees Hooker Chemical & Plastics Corp., et al.
Before LUMBARD, VAN GRAAFEILAND and MESKILL, Circuit Judges.
United States Court of Appeals, Second Circuit.
PER CURIAM:
Because the City of Niagara Falls has an abundant supply of water and electric power close at hand, it is the situs of several electrochemical manufacturing plants. It is also the situs of a number of dumping grounds for chemical refuse, one of which is a seven-acre parcel adjoining the plant of Hooker Chemical & Plastics Corporation. It is estimated that, between 1947 and 1961, Hooker disposed of 63,000 tons of chemical waste in this parcel. Unfortunately...
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