In re: TUTU WATER WELLS CERCLA LITIGATION
Commissioner of the Dept. of Planning & Natural Resources, Dean C. Plaskett, in his capacity as Trustee for Natural Resources of the Territory of the United States Virgin Islands
v.
Esso Standard, Oil S.A., Ltd.; Esso Virgin Islands, Inc.; Esso Standard Oil Company (Puerto Rico); Texaco Caribbean, Inc.; Texaco Puerto Rico; The Successor Panex Industries Stockholders' Liquidating Trust; Michael D. DeBaecke, Esq., in his Capacity as Trustee of the Successor Panex Industries, Inc. Stockholders Liquidating Trust; Panex Co.; The Estate of Paul Lazare By its Executors, Norman Halper and Oliver Lazare; Andreas Gal; L'Henri, Inc. d/b/a O'Henry Cleaners
Andreas Gal; The Estate of Paul Lazare by its Executors, Norman Halper and Oliver Lazare; Panex Co., Appellants
The Successor Panex Industries, Inc. Stockholders' Liquidating Trust and Michael D. DeBaecke, Esq., Successor Trustee, Appellants.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued September 20, 2002.
Filed April 8, 2003.
Attorney(s) appearing for the Case
Robert L. Tofel (Argued), Mark A. Lopeman, Tofel, Karan & Partners, New York, NY, for Appellants, Andreas Gal; The Estate of Paul, Lazare by its Executors, Norman Halper and Oliver Lazare; Panex Co.
Robert K. Hill (Argued), Seitz, Van Ogtrop & Green, Wilmington, DE, for Appellants, The Successor Panex Industries, Inc. Stockholders' Liquidating Trust and Michael D. DeBaecke, Esq., Successor Trustee.
Michael B. Law, Office of the Attorney General of the Virgin Islands, Department of Justice, Charlotte Amalie, St. Thomas, U.S.V.I., for Appellees, Dean C. Plaskett, in his capacity as Trustee for Natural Resources of the Territory of the United States Virgin Islands; Virgin Islands Department of Education.
John K. Dema (Argued), Law Offices of John K. Dema, Christiansted, St. Croix, U.S.V.I., for Appellee, Dean C. Plaskett, in his capacity as Trustee for Natural Resources of the Territory of the United States Virgin Islands.
H. Marc Tepper, Buchanan Ingersoll, Philadelphia, PA, for Appellee, Virgin Islands Department of Education.
David A. Bornn, The Bornn Firm, Charlotte Amalie, St. Thomas, U.S.V.I., for Appellee, Virgin Islands Housing Authority.
Glen R. Stuart (Argued), Kell M. Damsgaard, Morgan, Lewis & Bockius, Philadelphia, PA, for Appellees, Esso Standard Oil S.A., Ltd., Esso Virgin Islands, Inc., and Esso Standard Oil Co. (Puerto Rico).
Donald W. Stever, Dewey Ballantine LLP, New York, NY, for Appellees, Texaco Caribbean, Inc., Texaco Puerto Rico, Inc. and Texaco, Inc.
Nancy D'Anna, St. John, U.S.V.I., for Appellee, L'Henri, Inc. d/b/a O'Henry Cleaners.
John A. Zebedee, Hymes & Zebedee, Charlotte Amalie, St. Thomas, for Appellee, Vernon Morgan.
Before SCIRICA, ALITO and McKEE, Circuit Judges.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
SCIRICA, Circuit Judge.
This is an appeal of the approval of a consent decree under the Comprehensive Environmental Response, Compensation and Liability Act, as amended, 42 U.S.C. §§ 9601 et seq., substantially resolving more than a decade of litigation involving contamination of the Tutu Water Wells aquifer in the United States Virgin Islands. Three non-settling parties1 appeal the District Court...
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