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NEW JERSEY TURNPIKE AUTHORITY v. PPG INDUSTRIES

No. 98-6309.

197 F.3d 96 (1999)

NEW JERSEY TURNPIKE AUTHORITY, Appellant v. PPG INDUSTRIES, INC; Natural Products Refining Company; F.S.F. Company; Allied-Signal, Inc; Mutual Chemical Company of America; Occidental Chemical Corporation; Maxus Energy Corporation; Occidental Petroleum Corporation; Oxy-Diamond Alkali Corporation; Chemical Land Holdings, Inc.; Martin Dennis Company; George M. Brewster & Sons, Inc.; Felhaber Corporation; Mohawk Constructors, Inc.; Mohawk Constructors II, Inc.; Reid Contracting Company, Inc.; Klevens Corporation; Horn Construction Company, Inc.; New Jersey Manufacturers Insurance Company; The Travelers Insurance Company; United States Fidelity Guaranty Company; American Mutual Liability Insurance Company; John Doe Generators; John Doe Operators; John Doe Owners; John Doe Transporters; John Doe Affiliates

United States Court of Appeals, Third Circuit.

Decided November 22, 1999.

Attorney(s) appearing for the Case

Ross A. Lewin (Argued), Jamieson, Moore, Peskin & Spicer, P.C., Princeton, NJ,

Warren B. Kasdan, Schwartz, Tobia, Stanziale, Rosensweig & Sedita, P.A., Montclair, NJ, Attorneys for New Jersey Turnpike Authority.

George E. McGrann, (Argued), Sweeney, Metz, Fox, McGrann & Schermer, L.L.C., Pittsburgh, PA,

Joseph F. Lagrotteria, St. John & Wayne, Newark, NJ, Attorneys for PPG Industries, Inc.

David W. Field (Argued), Lowenstein Sandler PC, Roseland, NJ, Attorneys for Allied-Signal, Inc.

Thomas E. Starnes (Argued), Andrews & Kurth, L.L.P., Washington, D.C.,

Lori A. Mills, William L. Warren, Drinker, Biddle, & Reath, L.L.P., Princeton, NJ, Attorneys for Occidental Chemical Corporation and Maxus Corporation.

Before: BECKER, Chief Judge, ROTH, and RENDELL, Circuit Judges.

OPINION OF THE COURT

RENDELL, Circuit Judge.

In this CERCLA and Spill Act case, the appellant, the New Jersey Turnpike Authority ("Turnpike") seeks to hold the appellees liable for contribution for the contamination of a number of sites along the Turnpike with chromate ore processing residue, or COPR, under standard theories of liability and under an alternative liability theory. We conclude that the Turnpike has not produced sufficient evidence to survive...

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