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BOARHEAD CORP. v. ERICKSON

No. 90-1040.

923 F.2d 1011 (1991)

BOARHEAD CORPORATION, Appellant, v. Edwin B. ERICKSON, Region Administrator, United States Environmental Protection Agency, Region III, Appellee.

United States Court of Appeals, Third Circuit.

Decided January 16, 1991.

Attorney(s) appearing for the Case

Robert J. Shusterman (argued), Philadelphia, Pa., for appellant.

Richard B. Stewart, Asst. Atty. Gen., Evelyn S. Ying (argued), David C. Shilton, Mary Elizabeth Ward, U.S. Dept. of Justice Land & Natural Resources Div., Washington, D.C., Lawrence E. Starfield, Atty., Office of Gen. Counsel, U.S. E.P.A., Washington, D.C., and Brian Nishitani, Asst. Regional Counsel, U.S. E.P.A., Philadelphia, Pa., for appellee.

Andrea C. Ferster (argued), David A. Doheny, Vice-President and Gen. Counsel, Elizabeth S. Merritt, Asst. Gen. Counsel, Nat. Trust for Historic Preservation, Washington, D.C., and Katherine L. Niven, Chief Counsel Pennsylvania Historical and Museum Com'n, Harrisburg, Pa., for amici curiae Nat. Trust for Historic Preservation in the U.S. and the Pennsylvania Historical and Museum Com'n.

Before BECKER, HUTCHINSON and GARTH, Circuit Judges,

OPINION OF THE COURT

HUTCHINSON, Circuit Judge.

This appeal presents the conflicting demands two federal statutes — the National Historic Preservation Act of 1966 (Preservation Act), as amended, 16 U.S.C.A. §§ 470 to 470w-6 (West 1985 & Supp.1990), and the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), as amended, 42 U.S.C.A. §§ 9601-9675 (West 1983 & Supp.1990) — place upon...

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