1. Home
  2. Browse Decisions
  3. F.3d
  4. 643 F.3d
  5. 643 F.3d 668 (2011)
 

REDEVELOPMENT AGENCY OF CITY OF STOCKTON v. BNSF

Nos. 09-16585, 09-16739, 09-17640.

643 F.3d 668 (2011)

REDEVELOPMENT AGENCY OF the CITY OF STOCKTON, Plaintiff-Appellee-Cross-Appellant, v. BNSF RAILWAY COMPANY; Union Pacific Railroad Company, Defendants-Appellants-Cross-Appellees. Redevelopment Agency of the City of Stockton, Plaintiff-Appellee-Cross-Appellant, v. BNSF Railway Company; Union Pacific Railroad Company, Defendants-Appellants-Cross-Appellees. Redevelopment Agency of the City of Stockton, Plaintiff-Appellee-Cross-Appellant, v. BNSF Railway Company; Union Pacific Railroad Company, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 28, 2011.

Attorney(s) appearing for the Case

Morgan Gilhuly (argued), John F. Barg , Donald Sobelman , Barg Coffin Lewis & Trapp, LLP, San Francisco, CA, for defendants-appellants-cross-appellees BNSF Railway Company and Union Pacific Railroad Company.

William D. Brown (argued), Scott E. Patterson , Christine J. Gracco , Brown & Winters, Cardiff-by-the-Sea, CA, for plaintiff-appellee-cross-appellant Redevelopment Agency of the City of Stockton.

Kevin M. Fong , Margaret Rosegay , Pilsbury Winthrop Shaw Pittman LLP, San Francisco, CA, for amicus curiae California Council for Environmental and Economic Balance.

Benjamin G. Shatz , Fred L. Main , Manatt, Phelps & Phillips, LLP, Los Angeles, CA, for amicus curiae California Chamber of Commerce.

Before: M. MARGARET McKEOWN and RICHARD C. TALLMAN, Circuit Judges, and ARTHUR J. TARNOW, Senior District Judge.

OPINION

TALLMAN, Circuit Judge.

Appellants BNSF Railway Company and Union Pacific Railroad Company ("the Railroads") formerly maintained railroad tracks on a parcel of land in Stockton, California, that was contaminated by petroleum. The petroleum was spilled at a nearby industrial site and migrated onto the property via an underground french drain the Railroads had installed in order to remove water from the roadbed. We consider whether the Railroads are...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases