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E.I. DuPONT DE NEMOURS AND CO. v. U.S.

No. 04-2096.

460 F.3d 515 (2006)

E.I. DuPONT DE NEMOURS AND COMPANY; Conoco, Inc.; Sporting Goods Properties, Inc., Appellants v. UNITED STATES of America; United States Department of Commerce; United States Department of Defense; United States Department of the Army; United States Department of Energy; United States Department of the Interior; United States Department of the Navy.

United States Court of Appeals, Third Circuit.

Filed August 29, 2006.

Attorney(s) appearing for the Case

John McGahren, Esquire, Patton Boggs, William H. Hyatt, Jr., (Argued), Kirkpatrick & Lockhart, Nicholson Graham, Newark, NJ, for Appellants.

Kelly A. Johnson, Acting Assistant Attorney General, Michael D. Rowe, Esquire, Scott Jordan, Esquire, David M. Thompson, Esquire, Eric G. Hostetler, Esquire, Michele L. Walter, Esquire, David C. Shilton, Esquire, Ellen J. Durkee, Esquire, (Argued), John T. Stahr, Esquire, United States Department of Justice, Environment & Natural Resources Division, Washington, D.C., for Appellees.

Michael W. Steinberg, Esquire, Morgan, Lewis & Bockius LLP, Washington, D.C., for Amicus-Appellants, Superfund Settlements Project and American Chemistry Council.

Before SLOVITER, AMBRO and MICHEL, Circuit Judges.

OPINION OF THE COURT

AMBRO, Circuit Judge.

Appellants in this case are owners and operators of industrial facilities located throughout the United States that are contaminated with hazardous waste. They admit they are responsible for some of the contamination at these sites (which they cleaned up voluntarily), but allege the United States Government is also responsible for some part. They thus seek a ruling that the Government must contribute to them a share...

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