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U.S. v. ANTHONY DELL'AQUILLA ENTER. & SUBSIDIARIES

No. 96-5761.

150 F.3d 329 (1998)

UNITED STATES of America v. ANTHONY DELL'AQUILLA, ENTERPRISES AND SUBSIDIARIES; Harry Grant; Sandalwood Construction Corporation, Harry Grant, Sandalwood Construction Corporation, Appellants.

United States Court of Appeals, Third Circuit.

Decided August 5, 1998.

Attorney(s) appearing for the Case

Roy Alan Cohen, Charles E. Erway, III (Argued), Toby A. Holbreich, Porzio, Bromberg & Newman, P.C., Morristown, NJ, for Appellants.

Faith S. Hochberg, United States Attorney, Peter G. O'Malley, Assistant United States Attorney, Susan Handler-Menahem (Argued), Assistant United States Attorney, Newark, NJ, for Appellee.

Before: NYGAARD, McKEE and WEIS, Circuit Judges.

McKEE, Circuit Judge.

We are asked to review the district court's grant of summary judgment in favor of the United States and against Harry Grant and Sandalwood Corporation. The court ruled that Grant and Sandalwood were liable for violations of the Clean Air Act, 42 U.S.C. § 7401 et seq., ("CAA"), and the National Emission Standard for Hazardous Air Pollutants established for asbestos, 40 C.F.R. pt. 61, subpt. M. ("NESHAP"), as a matter of law, and assessed...

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