NIAGARA MOHAWK POWER CORP. v. CHEVRON U.S.A., INC.

Nos. 08-3843-cv (L), 08-4007-cv (XAP).

596 F.3d 112 (2010)

NIAGARA MOHAWK POWER CORPORATION, Plaintiff-Appellant-Cross-Appellee, v. CHEVRON U.S.A., INC., Defendant-Appellee-Cross-Appellant, United States Steel Company, Richard B. Slote, in his capacity as personal representative of the estate of Edwin D. King, and Portec, Inc., Defendants-Appellees-Cross-Appellees, King Services, Inc., Richard B. Slote, and Lawrence King, Defendant-Cross-Appellees, County of Rensselaer and The County of Rensselaer Sewer District No. 1, Third-Party-Defendants-Cross-Appellees, Consolidated Rail Corporation, American Premier Underwriters, Inc., The Foundation Company and Pittsburgh Business, Defendants.

United States Court of Appeals, Second Circuit.

Decided: February 24, 2010.


Attorney(s) appearing for the Case

John T. Parkinson, Syracuse, N.Y. (Thomas R. Lotterman, Robert V. Zener, Milissa A. Murray, Sandra P. Franco, Bingham McCutchen LLP, Washington, DC, on the brief), for Plaintiff-Appellant-Cross-Appellee Niagara Mohawk Power Corporation.

Patrick J. Higgins, Powers & Santola, LLP, Albany, NY, for Defendant-Appellee-Cross-Appellant Chevron U.S.A., Inc.

Kevin C. Murphy, The Wladis Law Firm, Syracuse, N.Y. (David L. Smiga, on the brief, Pittsburgh, PA), for Defendant-Appellee-Cross-Appellee United States Steel Corporation.

Kimberlee S. Parker, Bond, Schoeneck & King, PLLC, Albany, NY, for Defendant-Appellee-Cross-Appellee Portec, Inc.

Before: CALABRESI, WESLEY, Circuit Judges, and VITALIANO, District Judge.


WESLEY, Circuit Judge:

This case is yet another in a series of cases that attempt to chart the contours of liability of a potentially responsible party ("PRP") under §§ 107(a)(4)(B) and 113(f)(3)(B) for contribution towards, and payment of, costs resulting from the identification and cleanup of hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("CERCLA"...

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