CITY OF BANGOR, Plaintiff, Appellee,
v.
CITIZENS COMMUNICATIONS COMPANY, Defendant/Third-Party Plaintiff, Appellee,
v.
UGI Utilities, Inc.; Centerpoint Energy Resources Corp., et al., Third-Party Defendants,
Barrett Paving Materials Inc.; Honeywell International Inc.; Beazer East, Inc.; Dead River Company, Third-Party Defendants, Appellants,
v.
Société Routière Colas, S.A., Fourth-Party Defendant, Appellant,
Robinson Speirs, Jr.; Julie Ann MacMannis; Nancy S. Dawson; Elizabeth H. Speirs; Mary S. Price; Robinson Speirs, Fourth-Party Defendants, Appellants.
State of Maine; Maine Department of Environmental Protection, Appellees.
United States Court of Appeals, First Circuit.https://leagle.com/images/logo.png
Heard April 8, 2008.
Decided July 9, 2008.
Attorney(s) appearing for the Case
Gregory A. Bibler with whom Paul E. Nemser, Francis G. Kelleher, Christophe G. Courchesne, and Goodwin Procter LLP were on brief for Honeywell International Inc.
Robert S. Frank with whom Harvey & Frank was on brief for Dead River Company.
William B. Devoe with whom Eaton Peabody, W. Scott Laseter, and Kazmarkek Geiger & Laseter LLP were on brief for City of Bangor.
John S. Hahn with whom Jay C. Johnson, Mayer Brown LLP, Martha C. Gaythwaite, and Friedman, Gaythwaite, Wolf & Leavitt were on brief for Citizens Communication Company.
Mary M. Sauer, Assistant Attorney General, with whom Paul Stern, Deputy Attorney General, and G. Steven Rowe, Attorney General, were on brief for State of Maine and Maine Department of Environmental Protection.
John P. McVeigh, David B. Van Slyke, and Preti Flaherty Beliveau & Pachios LLP were on brief for Barrett Paving Materials, Inc.
Michael Kaplan and Preti Flaherty Beliveau & Pachios LLP were on brief for Société Routière Colas, S.A.
Jeffrey A. Thaler and Bernstein, Shur, Sawyer & Nelson were on brief for Beazer East, Inc.
Samuel W. Lanham, Jr. and Lanham & Blackwell were on brief for Robinson Speirs, Elizabeth H. Speirs, Mary S. Price, Nancy S. Dawson, Julie Ann MacMinnis, and Robinson Speirs, Jr.
Before LYNCH, Chief Judge, MERRITT, Senior Circuit Judge, and HOWARD, Circuit Judge.
United States Court of Appeals, First Circuit.
LYNCH, Chief Judge.
This case concerns responsibility for the cleanup of the contamination of the bed of Penobscot River in Bangor, Maine, known as Dunnett's Cove, under the federal Comprehensive Environmental Response Compensation and Liability Act ("CERCLA"), 42 U.S.C. § 9601 et seq.
Specifically, we are being asked to overturn the district court's approval, after nearly five years of litigation, of a Consent Decree which allocates certain responsibilities...
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