Nos. 12-1288, 12-1418.

725 F.3d 369 (2013)

LITGO NEW JERSEY INC; Sheldon Goldstein, Appellants v. COMMISSIONER NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION; United States of America; United States Department of Army; United States Department of the Air Force; United States Department of Navy; Alfred Sanzari Enterprises Inc; Mary Sanzari; David Sanzari, as Executor of the Estate of Alfred Sanzari; Frank Huttle, as Executor of the Estate of Alfred Sanzari; Mian Realty; Kirby Avenue Realty Holdings.

United States Court of Appeals, Third Circuit.

Filed: August 6, 2013.

Attorney(s) appearing for the Case

John McGahren [argued], Andrew McNally , Daniel F. Mulvihill, IV , Patton Boggs , Floor Newark, NJ, Brendan M. Walsh , Pashman Stein , Hackensack, NJ, for Appellants/Cross-Appellees Sheldon Goldstein.

Edward Devine , Rachel J. Lehr , A. Paul Stofa , Office of Attorney General of New Jersey, Division of Law, Trenton, NJ, for Defendant Commissioner of the New Jersey Department of Environmental Protection.

Brian C. Toth [argued], Aaron P. Avila , United States Department of Justice, Environment & Natural Resources Division, Jessica O'Donnell , Christina L. Richmond , United States Department of Justice, Environmental Defense Section Land and Natural Resources Division, T. Monique Peoples , United States Department of Justice, Environmental Defense Section, Washington, DC, for Appellees/Cross-Appellants Department of Air Force, United States Department of Navy and United States Department of the Army.

Robert A. Bornstein , Berger & Bornstein, Morristown, NJ, David F. Edelstein , Christopher R. Gibson , Archer & Greiner, Haddonfield, NJ, for Defendants.

Kenneth K. Lehn [argued], Winne, Banta, Hetherington, Basralian & Kahn, Hackensack, NJ, for Appellees/Cross-Appellants Frank Huttle, David Sanzari and Alfred Sanzari Enterprises Inc.

Craig S. Provorny , Anthony J. Reitano , Herold Law, Warren, NJ, for Defendant-Appellee Mian Realty.

Before: HARDIMAN, and GARTH, Circuit Judges and STARK, District Judge.


HARDIMAN, Circuit Judge.

This appeal comes to us following a seventeen-day bench trial that involved several claims arising under federal and state environmental laws. At issue is which parties bear the responsibility for the removal of hazardous substances present in the soil and groundwater at a parcel of land in Somerville, New Jersey (the Litgo Property or Property). Although this issue is complicated by the fact that the Property...

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