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U.S. v. SHELL OIL CO.

Nos. 00-55027, 00-55077.

281 F.3d 812 (2002)

UNITED STATES of America, Plaintiff-Appellant, and State of California, ex rel. California Department of Health Services; Hazardous Substance Account and Hazardous Cleanup Fund, Plaintiff, v. SHELL OIL COMPANY; Union Oil Company of California; Atlantic Richfield Company; Texaco, Inc.; Los Coyotes Estates; Ramparts Research & Financial Corporation, Defendants-Appellees. United States of America; State of California, ex rel. California Department of Health Services; Hazardous Substance Account and Hazardous Cleanup Fund, Plaintiffs-Appellees, v. Shell Oil Company; Union Oil Company of California; Atlantic Richfield Company; Texaco, Inc., Defendants-Appellants, and Los Coyotes Estates; Ramparts Research & Financial Corporation, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed February 11, 2002.

Attorney(s) appearing for the Case

Todd S. Kim, U.S. Department of Justice, Washington, DC, for plaintiff-appellant-cross-appellee United States.

Timothy R. Patterson, Deputy Attorney General, California Department of Justice, San Diego, CA, for plaintiff-cross-appellee State of California.

Ronald L. Olson, Peter R. Taft, Munger, Tolles & Olson LLP, Los Angeles, CA, for defendants-appellees-cross-appellants Shell Oil Company, et al.

Before: TROTT, THOMAS and W. FLETCHER, Circuit Judges.

OPINION

FLETCHER, Circuit Judge.

We are asked to decide who must pay for cleaning up the McColl Superfund Site in Fullerton, California. The site was contaminated with hazardous wastes associated with the production of aviation fuel during World War II. Defendants in this case, Shell Oil Co., Union Oil Co. of California, Atlantic Richfield Co., and Texaco, Inc.1 (collectively, "the Oil...

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