U.S. v. TOWNSHIP OF BRIGHTON

Nos. 96-1802, 96-1992.

153 F.3d 307 (1998)

UNITED STATES of America, Plaintiff-Appellee (96-1802)/Cross-Appellant (96-1992), v. TOWNSHIP OF BRIGHTON, Michigan, Defendant-Appellant (96-1802)/Cross-Appellee (96-1992), Jack V. Collett, Defendant/Cross-Appellee (96-1992).

United States Court of Appeals, Sixth Circuit.

Decided August 25, 1998.


Attorney(s) appearing for the Case

Robert W. Haviland, Asst. U.S. Attorney, Office of the U.S. Attorney, Flint, MI; Andrew C. Mergen (argued and briefed), U.S. Department of Justice, Land & Natural Resources Division, Washington, DC; Maureen M. Katz, U.S. Department of Justice Environmental Enforcement Section, Washington, DC, for Plaintiff-Appellee/Cross-Appellant.

Edward V. Keelean (briefed), Juliet E. Pressel (argued and briefed), Guy P. Hoadley (briefed), Wise & Marsac, Detroit, Michigan, for Defendant-Appellant/Cross-Appellee.

Michael F. Merritt, Kizer Law Firm, Howell, MI, for Defendant/Cross-Appellee.

John H. Bauckham (briefed), John K. Lohrstorfer (briefed), Bauckham, Sparks, Rolfe & Thomsen, Kalamazoo, Michigan, for Amicus Curiae.

Before: BOGGS and MOORE, Circuit Judges; and DOWD, District Judge.


BOGGS, J., delivered the opinion of the court. MOORE, J. (pp. 322-331), delivered a separate opinion concurring in the result. DOWD, D.J. (pp. 331-335), delivered a separate opinion dissenting in part and concurring in part.

OPINION

BOGGS, Circuit Judge.

Brighton Township, Michigan, appeals from the determination, after a bench trial, that it is liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U...

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