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ANDERSON BROS. v. ST. PAUL FIRE AND MARINE INS.

Nos. 12-35346, 12-35454.

729 F.3d 923 (2013)

ANDERSON BROTHERS, INC., an Oregon corporation, Plaintiff-Appellee, State of Oregon, Intervenor-Appellee, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, a Minnesota Insurance Company, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 30, 2013.

Attorney(s) appearing for the Case

Seth Row (argued), Parsons, Farnell, & Grein, LLP, Portland, OR, for Plaintiff-Appellee Anderson Brothers, Inc.

David B. Thompson (argued), Senior Assistant Attorney General, Salem, OR, for Intervenor-Appellee State of Oregon.

Thomas A. Gordon (argued) and Andrew Moses , Gordon & Polscer, LLC, Portland, OR, for Defendant-Appellant St. Paul Fire and Marine Insurance Company.

Laura A. Foggan , Wiley Rein LLP, Washington, D.C., for Amicus Curiae Complex Insurance Claims Litigation Association.

Before: ALEX KOZINSKI, Chief Judge, and STEPHEN REINHARDT, and MARSHA S. BERZON, Circuit Judges.

OPINION

REINHARDT, Circuit Judge:

The Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. § 9601 et seq. ("CERCLA"), establishes a retroactive strict liability regime that imposes joint and several liability upon past and current landowners or operators of properties or facilities from which hazardous substances have been released or disposed into the environment. Plaintiff-Appellee Anderson Brothers, Inc., ("Anderson...

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