U.S. v. DiBIASE

No. 94-1841.

45 F.3d 541 (1995)

UNITED STATES of America, Plaintiff, Appellee, v. Ugo DiBIASE, etc., et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided January 25, 1995.


Attorney(s) appearing for the Case

Stephen M. Leonard, with whom Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, Boston, MA, was on brief, for appellants.

John E. Darling, with whom Joseph C. Correnti, Ellen M. Winkler, and Serafini, Serafini and Darling, Salem, MA, were on brief, for defendant-appellee South Essex Sewerage Dist.

Joan M. Pepin, with whom Lois J. Schiffer, Asst. Atty. Gen., David C. Shilton, Catherine Adams Fiske, and Andrea Nervi Ward Attorneys, U.S. Dept. of Justice, Environment & Natural Resources Div., Washington, DC, and John T. McNeil, Sr. Asst. Regional Counsel, U.S. E.P.A., Boston, MA, were on brief, for U.S.

Before SELYA, Circuit Judge, BOWNES, Senior Circuit Judge, and STAHL, Circuit Judge.


SELYA, Circuit Judge.

The United States negotiated a settlement with a potentially responsible party, the South Essex Sewerage District (SESD), fixing SESD's share of certain emergency removal costs incurred by the government in the cleanup of a Superfund site.1 The district court placed its imprimatur on the settlement by entering a consent decree (the SESD decree). Appellant, Ugo DiBiase, a non-settling responsible party left to hold...

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