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EAST BAY v. U.S. DEPT. OF COMMERCE

No. 97-5079.

142 F.3d 479 (1998)

EAST BAY MUNICIPAL UTILITY DISTRICT, Appellant, v. UNITED STATES DEPARTMENT OF COMMERCE, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided May 1, 1998.

Attorney(s) appearing for the Case

Andrew L. Lipps, Washington, DC, argued the cause, for appellant. With him on the briefs were Leonard A. Miller, Washington, DC and William J. Mertens.

Joan M. Pepin, Attorney, U.S. Department of Justice, argued the cause, for appellees. With her on the brief were Lois J. Schiffer, Assistant Attorney General, Edward J. Shawaker, Washington, DC, and Martin F. McDermott, Attorneys. John T. Stahr, Attorney, entered an appearance.

Before: WILLIAMS, HENDERSON and GARLAND, Circuit Judges.

Opinion for the Court filed by Circuit Judge WILLIAMS.

STEPHEN F. WILLIAMS, Circuit Judge:

The East Bay Municipal Utility District (the "District") found itself saddled with the costs of cleaning up hazardous waste from an abandoned mine site, Penn Mine, in Northern California. As owner of part of the site, which it acquired in developing its reservoir system, the District had become responsible for these costs under CERCLA, the Comprehensive Environmental...

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