QUAKER STATE CORP. v. U.S. COAST GUARD

Civ. A. No. 87-55 Erie.

681 F.Supp. 280 (1988)

QUAKER STATE CORPORATION v. UNITED STATES COAST GUARD; Admiral Paul A. Yost, Jr., Commandant, United States Coast Guard.

United States District Court, W.D. Pennsylvania.

March 7, 1988.


Attorney(s) appearing for the Case

Kenneth Kilbert, Dean Calland, Pittsburgh, Pa., for plaintiff.

Robert L. Hines, Ellen M. Mahan, Attys., Environmental Enforcement Section, Land and Natural Resources Div., U.S. Dept. of Justice, Washington, D.C., Craig R. McKay, Asst. U.S. Atty., Erie, Pa., James Augustine, Staff Atty., Claims and Litigation Div., U.S. Coast Guard, Washington, D.C., for defendant.


FINDINGS AND OPINION

GERALD J. WEBER, District Judge.

On July, 2 1985, the Coast Guard and Environmental Protection Agency (EPA) observed a sheen on the surface of the water on Pine Run in McKean County, PA. Nearby they discovered an abandoned and refilled waste water containment pit with evidence of petroleum residues. Over the following year the Government executed a cleanup operation which entailed the excavation and removal of 115 truckloads of material...

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