UNITED STATES v. HOOKER CHEMICAL & PLASTICS CORP.

No. CIV-79-988C.

607 F.Supp. 1052 (1985)

UNITED STATES of America, the State of New York, Plaintiffs, and The Province of Ontario, Canada, and the Minister of the Environment of the Province of Ontario, Canada, Plaintiff-Intervenors, v. HOOKER CHEMICAL & PLASTICS CORP.; Hooker Chemical Corporation; Occidental Petroleum Investment Co.; Occidental Petroleum Corporation; and the City of Niagara Falls, New York, Defendants.

United States District Court, W.D. New York.

April 15, 1985.


Attorney(s) appearing for the Case

U.S. Dept. of Justice, Environmental Enforcement Section, Land and Natural Resources Div., Washington, D.C. (Michael Elder, and Bruce J. Berger, Washington, D.C., of counsel), for plaintiff United States.

Robert Abrams, Atty. Gen., of New York, New York City (Marcia J. Cleveland, and Beryl Kuder, Asst. Attys. Gen. of New York, of counsel), for plaintiff State of N.Y.

Wald Harkrader & Ross, Washington, D.C., Phillips, Lytle, Hitchcock, Blaine & Huber, Buffalo, N.Y., and Phillips, Nizer, Benjamin, Krim & Ballon, New York City (Thomas H. Truitt and Keith S. Watson, Washington, D.C., David K. Floyd, Buffalo, Martin B. Wasser, New York City, of counsel), for defendants Hooker, et al.

Gellman, Brydges, Schroff & Schweitzer, Niagara Falls (Joel E. Schweitzer and Earl Brydges, Niagara Falls, of counsel), for defendant City of Niagara Falls.

Terris & Sunderland, Washington, D.C. (Philip G. Sunderland, Washington, D.C., of counsel), for plaintiff-intervenors Province of Ontario and Minister of Environment.


CURTIN, Chief Judge.

I.

The United States Environmental Protection Agency [EPA] commenced this action in December, 1979, against Hooker Chemicals and Plastics Corporation and related corporate entities.1 Hooker then moved to have the State of New York [the State] joined as a party defendant. Later, the State was realigned as a plaintiff. The State filed its complaint in June, 1980. The City of Niagara Falls [the City] is also...

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