ELF ATOCHEM NORTH AMERICA v. U.S.

Civ. A. Nos. 92-7458, 94-0662.

914 F.Supp. 1166 (1996)

ELF ATOCHEM NORTH AMERICA v. UNITED STATES of America and Witco Corporation. UNITED STATES of America v. WITCO CORPORATION v. ELF ATOCHEM NORTH AMERICA.

United States District Court, E.D. Pennsylvania.

February 12, 1996.


Attorney(s) appearing for the Case

William J. Kennedy, Frederick G. Herold, Eli R. Brill, Dechert, Price & Rhoads, Philadelphia, PA, for Elf Atochem North America, Inc.

Brud Rossmann, U.S. Department of Justice, Environmental and Natural Resources Division, Jonathan A. Marks, U.S. Department of Justice, Environmental Enforcement Section, Washington, DC, for United States.

Michael R. Lazerwitz, Charles F. Lettow, Christopher G. Smith, Cleary, Gottlieb, Steen & Hamilton, Washington, DC, for Witco Corporation.


MEMORANDUM

JOYNER, District Judge.

Today we resolve cross-motions for summary judgment asking whether the United States is liable as an Owner, Operator and/or Arranger under section 107(a) of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§ 9601-75 (1995) (CERCLA).

The claims against the United States are based on manufacturing activities that took place during World War Two at a location now known...

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