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REGIONAL AIRPORT AUTHORITY OF LOUISVILLE v. LFG

No. 05-5754.

460 F.3d 697 (2006)

REGIONAL AIRPORT AUTHORITY OF LOUISVILLE and Jefferson County, Plaintiff-Appellant, v. LFG, LLC; Navistar International Transportation Corporation, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 17, 2006.

Rehearing Denied in Part October 3, 2006.

Attorney(s) appearing for the Case

ARGUED: Robert W. Griffith, Stites & Harbison, Louisville, Kentucky, for Appellant. Cary R. Perlman, Latham & Watkins, Chicago, Illinois, for Appellees. ON BRIEF: Robert W. Griffith, W. Patrick Stallard, Stites & Harbison, Louisville, Kentucky, Judith A. Villines, Stites & Harbison, Frankfort, Kentucky, Charles S. Cassis, Dennis J. Conniff, Amy D. Cubbage, Frost Brown Todd, Louisville, Kentucky, for Appellant. Cary R. Perlman, Laurence H. Levine, Latham & Watkins, Chicago, Illinois, Hiram Ely III, Mark S. Riddle, Greenebaum, Doll & McDonald, Louisville, Kentucky, for Appellees.

Before: SUHRHEINRICH, GILMAN, and ROGERS, Circuit Judges.

OPINION

SUHRHEINRICH, Circuit Judge.

I. Introduction

The Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), 42 U.S.C. §§ 9601-75, permits private party property owners to recover from prior private party property owners certain costs associated with the cleanup of contamination caused by the prior owners, where the cleanup costs were "necessary." "Necessary...

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