U.S. v. ALCAN ALUMINUM CORP.

Docket No. 01-6008.

315 F.3d 179 (2003)

UNITED STATES of America, State of New York, Plaintiffs-Appellees, v. ALCAN ALUMINUM CORPORATION, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: January 7, 2003.


Attorney(s) appearing for the Case

Lawrence A. Salibra, II, Mayfield Heights, OH (John C. Tillman, Mark D. Kindt, Alean Aluminum Corporation, Mayfield Heights, OH, of counsel), for Defendant-Appellant.

Lisa E. Jones, Washington, DC (John C. Cruden, Acting Assistant Attorney General, Greer S. Goldman, John T. Stahr, Henry C. Friedman, Steven R. Baer, Peter M. Flynn, Mark Gallagher, U.S. Department of Justice, Washington, DC; Carol Berns, Beverly Kolenberg, U.S. Environmental Protection Agency, Region II, New York, NY, of counsel), for Plaintiff-Appellee United States of America.

David A. Munro, Assistant Attorney General, Albany, NY, for Plaintiff-Appellee State of New York. Martin S. Kaufman, Atlantic Legal Foundation, Inc., New York, NY, filed a brief on behalf of The Atlantic Legal Foundation, Inc. as Amicus Curiae.

Daniel J. Popeo, Washington, DC (Paul D. Kamenar, Washington Legal Foundation, Washington, DC, of counsel), filed a brief on behalf of The Washington Legal Foundation; U.S. Senator Larry E. Craig; U.S. Representatives John E. Peterson, John M. McHugh, and Michael G. Oxley; N.Y. State Senator James W. Wright; N.Y. State Assemblywoman Frances T. Sullivan; John J. Gosek, Mayor of the City of Oswego, New York; N.Y. State Conference of Mayors and Municipal Officials; Chamber of Commerce of the United States of America; National Association of Manufacturers; National Restaurant Association; National Food Processors Association; Manufacturers Association of Central New York; Operation Oswego County, Inc.; The Business Council of New York State, Inc.; and The Allied Educational Foundation as Amici Curiae.

Before CARDAMONE, STRAUB and KATZMANN, Circuit Judges.


CARDAMONE, Circuit Judge.

Defendant Alcan Aluminum Corporation (Alcan, company or appellant) appeals from a judgment of the United States District Court for the Northern District of New York (McAvoy, J.) entered on November 14, 2000, finding the company jointly and severally liable to plaintiffs United States of America and the State of New York (collectively, the government), for response costs incurred at two hazardous waste sites. It might be said that in writing...

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