U.S. v. AMOCO CHEMICAL CO.

No. 99-20586.

212 F.3d 274 (2000)

UNITED STATES of America, Plaintiff, v. AMOCO CHEMICAL CO.; et al., Defendants, BFI Waste Systems of North America, Defendant-Appellant, Monsanto Company; Atlantic Richfield Company, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 15, 2000.


Attorney(s) appearing for the Case

Ronald D. Secrest, Beck, Redden & Secrest, Houston, TX, Alok Ahuja (argued), Thomas A. Ryan, Lathrop & Gage, Kansas City, MO, for Defendant-Appellant.

Phyllis June Cohen, JoAnne Hugh Ray (argued), Woodward, Hall & Primm, Houston, TX, for Monsanto Co.

Scott A. Lehecka (argued), Hanna & Morton, Los Angeles, CA, for Atlantic Richfield Co.

Before REYNALDO G. GARZA, HIGGINBOTHAM and BENAVIDES, Circuit Judges.


PATRICK E. HIGGINBOTHAM, Circuit Judge:

BFI Waste Systems of North America ("BFI") appeals the district court's order requiring it to execute a trust agreement agreeing to a specific share of the remediation costs of a Superfund site. Finding that neither an amended consent decree between the United States and BFI nor previous trust agreements bound BFI to sign the new trust agreement, we VACATE the district court's order. We hold, however, that BFI is obligated by...

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