U.S. v. STATE OF COLO.

No. 91-1360.

990 F.2d 1565 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. STATE OF COLORADO and Colorado Department of Health, Defendants-Appellants. State of Alaska, State of Arkansas, State of California, State of Connecticut, State of Indiana, State of Iowa, State of Kansas, Commonwealth of Kentucky, State of Michigan, State of Minnesota, State of Missouri, State of Nebraska, State of Nevada, State of New Mexico, State of New York, State of North Carolina, State of Ohio, State of Oregon, Commonwealth of Pennsylvania, State of Tennessee, State of Utah, and State of Wyoming, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied June 30, 1993.


Attorney(s) appearing for the Case

Gale A. Norton, Atty. Gen., State of CO (Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Patricia S. Bangert, Deputy Atty. Gen., Lynn B. Obernyer, First Asst. Atty. Gen., Natural Resources Section, Casey A. Shpall, First Asst. Atty. Gen., Laura E. Perrault, Asst. Atty. Gen., CERCLA Litigation Unit, with her, on the briefs), Denver, CO, for defendants-appellants.

John T. Stahr, Atty., Dept. of Justice, Environment and Natural Resources Div. (Roger Clegg, Acting Asst. Atty. Gen., David C. Shilton, Bradley S. Bridgewater, Attys., Dept. of Justice, Environment and Natural Resources Div., with him, on the brief), Washington, D.C., for plaintiff-appellee.

Lee Fisher, Atty. Gen., State of OH, and Jack A. Van Kley, Asst. Atty. Gen., Environmental Enforcement Section, State of OH, Columbus, OH, filed a brief on behalf of amici curiae. Charles E. Cole, Atty. Gen., State of AK, Juneau, AK, Winston Bryant, Atty. Gen., State of AR, Little Rock, AR, Daniel E. Lungren, Atty. Gen., State of CA, Theodora Berger, Roderick E. Walston, Walter E. Wunderlich, Sara J. Russell, and Richard Tom, Los Angeles, CA, Richard Blumenthal, Atty. Gen., State of CT, Hartford, CT, Linley E. Pearson, Atty. Gen., State of IN, Indianapolis, IN, Bonnie J. Campbell, Atty. Gen., State of IA, Des Moines, IA, Robert T. Stephan, Atty. Gen., State of KS, Topeka, KS, Randall G. McDowell, Manager, Natural Resources and Environmental Protection Cabinet, Com. of KY, Frankfort, KY, Frank J. Kelley, Atty. Gen., State of MI, Lansing, MI, Hubert H. Humphrey, III, Atty. Gen., State of MN, and Stephan Shakman, St. Paul, MN, William L. Webster, Atty. Gen., State of MO, and Shelley A. Woods, Jefferson City, MO, Don Stenberg, Atty. Gen., State of NE, Lincoln, NE, Frankie Sue Del Papa, Atty. Gen., State of NV, Carson City, NV, Tom Udall, Atty. Gen., State of NM, Santa Fe, NM, Robert Abrams, Atty. Gen., State of NY, and Nancy Stearns, New York State Dept. of Law, Environmental Protection Bureau, New York City, Lacy H. Thornburg, Atty. Gen., State of NC, Raleigh, NC, Charles S. Crookham, Atty. Gen., State of OR, Salem, OR, Ernest D. Preate, Jr., Atty. Gen., Com. of PA, and Donald A. Brown, Director, Office of Chief Counsel, Bureau of Hazardous Sites & Superfund Enforcement, Harrisburg, PA, Charles W. Burson, Atty. Gen., State of TN, Nashville, TN, Paul Van Dam, Atty. Gen., State of UT, and Jan Graham, Sol. Gen., Salt Lake City, UT, and Joseph B. Meyer, Atty. Gen., State of WY, Cheyenne, WY, appeared on behalf of amici curiae.

Before BALDOCK and HOLLOWAY, Circuit Judges, and EARL E. O'CONNOR, Senior District Judge.


BALDOCK, Circuit Judge.

This case examines the relationship between the Resource Conservation and Recovery Act of 1976 ("RCRA"), Pub.L. No. 94-580, 90 Stat. 2795, as amended by the Hazardous and Solid Waste Amendments of 1984 ("HSWA"), Pub.L. No. 98-616, 98 Stat. 3221 (codified as amended at 42 U.S.C. §§ 6901-6981 (West 1983 & Supp. 1992)), and the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("CERCLA"), Pub.L. No. 96...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases