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COM. OF MASS. v. BLACKSTONE VALLEY ELEC. CO.

No. 94-2286.

67 F.3d 981 (1995)

COMMONWEALTH OF MASSACHUSETTS, Plaintiff, Appellee, v. BLACKSTONE VALLEY ELECTRIC COMPANY, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided October 6, 1995.

Attorney(s) appearing for the Case

John Voorhees, Boulder, CO, with whom David F. Goossen, Isaacson, Rosenbaum, Woods & Levy, P.C., Denver, CO, David A. Fazzone, P.C., and McDermott, Will & Emery, Boston, Mass., were on brief, for appellant.

Karen McGuire, Assistant Attorney General of Massachusetts, with whom Scott Harshbarger, Attorney General of Massachusetts, Boston, Mass., was on brief, for appellee.

Catherine Adams Fiske, Attorney, United States Department of Justice, with whom Lois J. Schiffer, Assistant Attorney General, Anne S. Almy and Albert M. Ferlo, Jr., Attorneys, United States Department of Justice, and Thomas H. Beisswenger, United States Environmental Protection Agency, Washington, DC, were on brief, for the United States as amicus curiae.

Before CYR, BOUDIN, and LYNCH, Circuit Judges.

LYNCH, Circuit Judge.

The Commonwealth of Massachusetts seeks to recover response costs under CERCLA and Mass.Gen.L. ch. 21E from Blackstone Valley Electric Co. ("BVE") for the removal of ferric ferrocyanide ("FFC") from a waste site in North Attleboro, Massachusetts. The Commonwealth's ability to recover its response costs, said to be $5.8 million, turns largely on the question of whether FFC is a "hazardous substance" within the meaning of CERCLA. The broader concern...

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