CADILLAC FAIRVIEW/CALIFORNIA v. DOW CHEMICAL CO.

No. 99-56641.

299 F.3d 1019 (2002)

CADILLAC FAIRVIEW/CALIFORNIA, INC., Plaintiff, v. DOW CHEMICAL COMPANY, Defendant-third-party-plaintiff-Appellee, v. United States of America, Defendant-third-party-defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 6, 2002.


Attorney(s) appearing for the Case

Jeffrey C. Dobbins, Department of Justice, Environment & Natural Resources Division, Washington, D.C., for the appellant.

Edward W. Warren, Kirkland & Ellis, Washington, D.C., for the appellee.

Before D.W. NELSON, O'SCANNLAIN, and KLEINFELD, Circuit Judges.


OPINION

KLEINFELD, Circuit Judge.

This is a CERCLA dispute about whether the federal government can make a company that discharged pollutants into the soil at the government's direction and under its control during World War II, in a war production plant, pay part of the cost of cleaning them up.

Facts

In 1942, the Japanese had conquered almost all of the world's major natural rubber-producing areas in Southeast Asia. The Germans had perfected...

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