B.F. GOODRICH CO. v. MURTHA

No. 375, Docket 91-7450.

958 F.2d 1192 (1992)

B.F. GOODRICH COMPANY; Upjohn Company; Dow Corning Corporation; Reynold Aluminum Building Products Company; Uniroyal Chemical Company, Inc. and Hoechst Celenese Corporation, Plaintiffs-Appellees, v. Harold MURTHA; A.C. Hampson Printing; A.W. Sandora & Sons; Action Refuse; Action Moving Co., Defendants, and Town of Beacon Falls; Town of Bethany; Connecticut Resources Recovery Authority; Town of Hamden; Town of Killingworth; Town of Middlebury; City of Milford; City of New Haven; Town of Orange; Town of Plymouth; Town of Seymour; Town of Stratford; Town of Thomaston; City of Waterbury; and Town of Westport, Defendants-Appellants. UNIROYAL CHEMICAL CO., INC., Plaintiff, v. Harold MURTHA; Murtha Trucking, Inc.; Murtha Enterprises, Inc., Defendants, and City of Ansonia; Town of Beacon Falls; Town of Bethany; Town of Killingworth; Town of Middlebury; Borough of Naugatuck; New Haven Housing Authority; Town of Orange; Town of Plymouth; Town of Seymour; City of Shelton; City of Stamford; Town of Stratford; Town of Thomaston; Town of Watertown; Watertown Housing Authority; Town of Westport and Town of Woodbury, Defendants-Appellants. STATE OF CONNECTICUT, Plaintiff, v. Harold MURTHA; Murtha Trucking, Inc.; Murtha Enterprises, Inc., Defendants. UNITED STATES of America, Plaintiff, v. Harold MURTHA; Terrance Murtha; Murtha Trucking, Inc., Defendants. UNITED STATES of America, Plaintiff, v. ARMSTRONG RUBBER COMPANY; Eastern Company; Primerica Corporation, Defendants.

United States Court of Appeals, Second Circuit.

Decided March 12, 1992.


Attorney(s) appearing for the Case

William A. Butler, Washington, D.C., (Patricia Ross McCubbin, Angus E. Crane, Dickstein, Shapiro & Morin, Washington, D.C., W. Wilson Keithline, Hartford, Conn., of counsel), for appellants Town of Beacon Falls, et al.

Louis R. Pepe, Hartford, Conn. (Pepe & Hazard, Hartford, Conn., Deming E. Sherman, Edwards & Angell, Providence, R.I., Susan H. Shumway, Shumway & Merle, Southport, Conn., for appellees B.F. Goodrich Co., et al.

Peter H. Lehner, Asst. Corp. Counsel, Environmental Law Div., New York City (Victor A. Kovner, Corp. Counsel, City of New York, Christopher A. Amato, Susan E. Amron, of counsel), for The City of New York as amicus curiae, in support of appellees.

Patrick W. Hanifin, Boston, Mass. (Stephen S. Ostrach, New England Legal Foundation, of counsel), filed a brief on behalf of The Connecticut Business and Industry Ass'n as amicus curiae.

Rena I. Steinzor, Washington, D.C. (David Kolker, Matthew F. Lintner, Spiegel & McDiarmid, of counsel), filed a brief on behalf of American Communities for Cleanup Equity as amicus curiae.

Paul G. Wallach, Washington, D.C. (Mark Atlas, Bennet L. Heart, Hale and Dorr, Washington, D.C., Jan S. Amundson, General Counsel, Nat. Ass'n of Mfrs., David F. Zoll, Vice President and General Counsel, Dell E. Perelman, Sr. Asst. Gen. Counsel, Chemical Mfrs. Ass'n, G. William Frick, Susan Schmedes, American Petroleum Institute, of counsel), filed a brief on behalf of Nat. Ass'n of Mfrs., Chemical Mfrs. Ass'n, and American Petroleum Institute as amici curiae.

Julie Harrison, New Haven, Conn. (Mark Mininberg, Mininberg & Associates, Frank B. Cochran, Cooper, Whitney, Cochran & Francois, of counsel), filed a brief on behalf of Joseph Kriz and Trowbridge House Apartments as amicus curiae.

Before CARDAMONE, WALKER and McLAUGHLIN, Circuit Judges.


CARDAMONE, Circuit Judge:

This appeal deals with the disposal of municipal solid waste that contains hazardous substances and as such is one piece of the national environmental problem. The problem is precipitated by the presence of over 200 municipal landfills, comprising about 20 percent of the more than 1,000 sites, that pose sufficient environmental concerns to warrant priority in federal cleanup efforts. See generally Interim Municipal Settlement Policy...

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