CITY OF RIALTO v. WEST COAST LOADING CORP.

No. 08-55474.

581 F.3d 865 (2009)

CITY OF RIALTO, a California municipal corporation; Rialto Utility Authority, a Joint Powers Authority organized and existing under the law of the State of California, Plaintiffs, v. WEST COAST LOADING CORPORATION, a California corporation; Kwikset Locks, Inc., a California corporation; Emhart Industries, Inc.; American Hardware Corporation, a Connecticut corporation; Broco Environmental, Inc.; Environmental Enterprises, Inc.; American Promotional Events, Inc., West; Pyro Spectaculars, Inc.; Trojan Fireworks; Astro Pyrotechnics; Zambelli Fireworks Manufacturing Co.; Raytheon Company; General Dynamics Corporation; Tung Chun Company; Wong Chung Ming, a/k/a Chung Ming Wong; Whittaker Corporation; Amex Products, Inc., f/k/a American Explosives Company; Tasker Industries; Golden State Explosives; Explosive Technologies International, Inc. (ETI), California; Edward Stout; Elizabeth Rodriguez; John Callagy, as Trustee of the Frederiksen Children's Trust Under Trust Agreement dated February 20, 1985; Linda Frederiksen, as Trustee of the Walter M. Pointon Trust dated 11/19/91 and as Trustee of the Michelle Ann Pointon Trust Under Trust Agreement dated February 15, 1985; Mary Mitchell; Jeanine Elzie; Stephen Callagy; The Marquardt Company, f/k/a Marquardt Corporation; Ferranti International, Inc.; Ensign-Bickford Company; Ordnance Associates; Thomas O. Peters; Denova Environmental, Inc.; Black & Decker (USA) Inc.; Kwikset Corporation; Thomas O. Peters Revocable Trust; Pyrotronics Corporation; Delta T., Inc., e/s/a Amex Products, Inc.; County of San Bernardino; and Robertson's Ready Mix, Inc., Defendants, v. Goodrich Corporation, a New York corporation, Plaintiff/third-party plaintiff-Appellant, v. United States Environmental Protection Agency; United States of America, Third-party defendants-Appellees, and United States Department of Defense, Defendant/third-party defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 14, 2009.


Attorney(s) appearing for the Case

Raymond B. Ludwiszewski and Michael K. Murphy, Gibson Dunn & Crutcher, LLP, Washington, D.C., for the plaintiff-appellant.

Sambhav N. Sankar, United States Department of Justice, Environment & Natural Resources Division, Washington, D.C., for the defendant-appellee.

Before: PAMELA ANN RYMER and SUSAN P. GRABER, Circuit Judges, and ANN ALDRICH, District Judge.


GRABER, Circuit Judge:

We must decide whether the availability of judicial review for "pattern and practice" claims, as discussed in McNary v. Haitian Refugee Center, Inc., 498 U.S. 479, 111 S.Ct. 888, 112 L.Ed.2d 1005 (1991), extends to a claim brought by Goodrich Corporation challenging the United States Environmental Protection Agency's ("EPA") administration of unilateral administrative orders under 42 U.S.C. § 9606...

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