WICKLAND OIL TERMINALS v. ASARCO, INC.

No. 85-1962.

792 F.2d 887 (1986)

WICKLAND OIL TERMINALS, a California corporation, Plaintiff-Appellant, v. ASARCO, INC., a New Jersey corporation, and State Lands Commission of California, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 20, 1986.


Attorney(s) appearing for the Case

Joseph A. Darrell, Thelen, Marrin, Johnson & Bridges, San Francisco, Cal., for plaintiff-appellant.

C. MacNeil Mitchell, Breed, Abbott & Morgan, New York City, and Ellyn S. Levinson, Deputy Atty. Gen., San Francisco, Cal., for defendants-appellees.

Before WALLACE, KENNEDY, and FARRIS, Circuit Judges.


WALLACE, Circuit Judge:

Wickland Oil Terminals (Wickland) appeals from a judgment dismissing its claims for damages and for declaratory and injunctive relief against Asarco, Inc. (Asarco) for failure to state a claim upon which relief could be granted. The central question on appeal is whether a governmentally authorized cleanup program is a prerequisite to a private action under section 107(a) of the Comprehensive Environmental Response, Compensation, and Liability...

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