State of NEW MEXICO; State of New Mexico ex rel. Patricia A. Madrid, Attorney General of the State of New Mexico, Plaintiffs-Appellants,
v.
GENERAL ELECTRIC COMPANY, a New York corporation; ACF Industries, Inc., a New York corporation, Defendants-Appellees.
States of Colorado, Kentucky, Maine, Montana, Nevada, New Jersey, Ohio, Oklahoma, Oregon, South Carolina, Utah, Wisconsin, and Wyoming, Amici Curiae in support of Plaintiffs-Appellants, and
American Chemistry Council; American Petroleum Institute; National Mining Association; Chamber of Commerce of the United States of America; National Association of Manufacturers; United States Council for International Business; Independent Petroleum Association of America; National Petrochemical & Refiners Association; Rubber Manufacturers Association; American Gas Association, Amici Curiae in support of Defendants-Appellees.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
October 31, 2006.
October 31, 2006.
Attorney(s) appearing for the Case
James D. Oliver, Special Assistant Attorney General (Caleb Stegall, with him on the briefs), of Foulston Siefkin, LLP, Overland Park, KS, for Plaintiffs-Appellants.
Donald W. Fowler, Spriggs & Hollingsworth, Washington, DC (Tami Lyn Azorsky of McKenna, Long & Aldridge, Washington, DC, Eric G. Lasker of Spriggs & Hollingsworth, Washington, DC; Maria O'Brien of Modrall, Sperling, Roehl, Harris & Sisk, P.A., Albuquerque, NM; James A. Bruen and Peter S. Modlin of Farella, Braun & Martell, LLP, San Francisco, CA; Michael B. Campbell and Bradford C. Berge, Holland & Hart, LLP, Santa Fe, NM; Brackett B. Denniston, III, Vice President and General Counsel, Stephen D. Ramsey, Vice President, General Electric Company, Fairfield, CT; Williams V. Killoran, Jr., Senior Counsel, Environmental Affairs, G.E. Transportation, Cincinnati, OH, with him on the briefs), for Defendants-Appellees.
John W. Suthers, Interim Attorney General of Colorado, and Victoria L. Peters, Senior Assistant Attorney General, Natural Resources & Environment Section, State of Colorado, Denver, CO, filed an Amicus Curiae Brief in Support of Plaintiffs-Appellants.
Michael R. Thorp of Heller Ehrman LLP, Seattle, WA, filed an Amicus Curiae Brief in Support of Defendants-Appellees.
Before, McCONNELL, ANDERSON, and BALDOCK, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
BALDOCK, Circuit Judge.
This is a case in which the Attorney General for the State of New Mexico (AG) seeks unrestricted money damages exclusively under state law for groundwater contamination in Albuquerque's South Valley. The district court granted summary judgment to Defendants General Electric (GE) and ACF Industries (ACF) because the AG "failed to raise genuine issues of material fact on the essential elements of injury and damages." New Mexico v. General...
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