STATE OF N.Y. v. SHORE REALTY CORP.

No. 606, Docket 84-7925.

759 F.2d 1032 (1985)

The STATE OF NEW YORK, Appellee, v. SHORE REALTY CORP. and Donald LeoGrande, Appellants.

United States Court of Appeals, Second Circuit.

Decided April 4, 1985.


Attorney(s) appearing for the Case

David H. Peirez, Garden City, NY (Reisman, Peirez & Reisman, William R. Ginsberg, Charles A. Singer, Garden City, N.Y., of counsel), for appellants.

Gordon J. Johnson, Asst. Atty. Gen., New York City (Robert Abrams, Atty. Gen. of the State of N.Y., Peter H. Schiff, Deputy Sol. Gen., James A. Sevinsky, Albany, N.Y., Stuart Miller, Nancy Stearns, Asst. Attys. Gen., New York City, of counsel), for appellee.

(F. Henry Habicht II, Asst. Atty. Gen., Washington, D.C., Raymond J. Dearie, U.S. Atty., for the E.D. of New York, Janice Siegel, Asst. U.S. Atty., Brooklyn, N.Y., Nancy B. Firestone, Diane Donley, Donald T. Hornstein, Dept. of Justice, Washington, D.C., of counsel), for amicus curiae U.S.

Before FEINBERG, Chief Judge, OAKES and NEWMAN, Circuit Judges.


OAKES, Circuit Judge:

This case involves several novel questions about the scope of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. §§ 9601-9657 (1982) ("CERCLA"), and the interplay between that statute and New York public nuisance law. CERCLA — adopted in the waning hours of the Ninety-sixth Congress, and signed by President Carter on December 11, 1980 — was intended to provide means for cleaning...

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