ROSPATCH JESSCO CORP. v. CHRYSLER CORP.

No. 4:93-CV-47.

829 F.Supp. 224 (1993)

ROSPATCH JESSCO CORPORATION, Plaintiff, v. CHRYSLER CORPORATION, Les Aspin, Secretary, United States Department of Defense, and Michael B. Donley, Acting Secretary, United States Air Force, Defendants.

United States District Court, W.D. Michigan, S.D.

August 23, 1993.


Attorney(s) appearing for the Case

Joseph F. Galvin, Miller, Canfield, Paddock & Stone, Detroit, MI, Michael B. Ortega, Ronald E. Baylor, Miller, Canfield, Paddock & Stone, Kalamazoo, MI, for plaintiff.

Steven C. Kohl, Howard & Howard, PC, Bloomfield Hills, MI, for Chrysler Corp.

Michael L. Shiparski, Asst. U.S. Atty., John A. Smietanka, U.S. Atty., Grand Rapids, MI, John Z. Lee, John C. Nagle, U.S. Dept. of Justice, Environment & Natural Resources Div., Environmental Defense Section, Washington, DC, David R. Vecera, Major, Air Force Legal Services Agency, Environmental Litigation Branch, Arlington, VA, for Les Aspin.

Michael L. Shiparski, Asst. U.S. Atty., Grand Rapids, MI, John Z. Lee, John C. Nagle, U.S. Dept. of Justice, Environment & Natural Resources Div., Washington, DC, David R. Vecera, Major, Air Force Legal Services Agency, Environmental Litigation Branch, Arlington, VA, for Department of Defense and Michael B. Donley, U.S. Air Force.


OPINION

ROBERT HOLMES BELL, District Judge.

The question presented in this environmental action is whether section 120(a)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 42 U.S.C. § 9620(a)(4), allows the United States of America to be sued under state environmental law for its prior ownership and operation of a facility that released hazardous substances. For the reasons stated below, this Court must...

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