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CATELLUS DEVELOPMENT CORP. v. U.S.

No. 93-16530.

34 F.3d 748 (1994)

CATELLUS DEVELOPMENT CORPORATION, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Amicus, General Automotive, Inc., a Washington corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 10, 1994.

Attorney(s) appearing for the Case

Sanford Svetcov, Landels, Ripley & Diamond, San Francisco, CA, for plaintiff-appellant.

Earl L. Hagström, Sedgwick, Detert, Moran & Arnold, San Francisco, CA, for defendant-appellee.

Susan S. Fiering, Deputy Atty. Gen., Oakland, CA, for amicus curiae.

David C. Shilton, Washington, DC, for amicus curiae U.S.

Before: WALLACE, Chief Judge, CHOY, Circuit Judge, and McGOVERN, District Judge.

Opinion by Chief Judge WALLACE.

WALLACE, Chief Judge:

On this appeal, we consider whether a party that sells spent automotive batteries to a lead reclamation plant may be liable under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), 42 U.S.C. § 9601 et seq., for the costs of cleaning up the property where lead-containing remnants of the batteries are eventually dumped. Catellus Development Corp. (Catellus...

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