SHELL OIL CO. v. U.S.

No. 2010-5161.

672 F.3d 1283 (2012)

SHELL OIL COMPANY and Atlantic Richfield Company, Plaintiffs-Appellees, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

March 7, 2012.


Attorney(s) appearing for the Case

Michael W. Kirk , Cooper & Kirk, PLLC, of Washington, DC, argued for plaintiffs-appellees. With him on the brief was David Lehn . Of counsel was Peter A. Patterson .

Stephen C. Tosini , Senior Trial Counsel, Civil Division, Commercial Litigation Branch, United States Department of Justice, of Washington, DC, argued for defendant-appellant. With him on the brief were Tony West , Assistant Attorney General, Jeanne E. Davidson , Director, and Franklin E. White, Jr. , Assistant Director. Of counsel on the brief was Heather R. Cameron , Attorney, United States General Services Administration, of Washington, DC.

Before RADER, Chief Judge, O'MALLEY, and REYNA, Circuit Judges.


O'MALLEY, Circuit Judge.

This case is an appeal from a decision of the Court of Federal Claims requiring the United States to indemnify certain oil companies for environmental cleanup costs under the Comprehensive Environmental Response, Compensation, and Liability Act of 1978, 42 U.S.C. § 9601, et seq. ("CERCLA"). The Court of Federal Claims initially entered judgment in favor of all four plaintiffs in this litigation: Shell Oil Company ("Shell"), Atlantic Richfield...

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