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U.S. v. COEUR D'ALENES CO.

No. 12-36065.

767 F.3d 873 (2014)

UNITED STATES of America, Plaintiff-Appellee, Federal Resources Corporation, Intervenor-Appellant, v. The COEUR D'ALENES COMPANY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 16, 2014.

Attorney(s) appearing for the Case

Katherine Lynn Felton (argued), and James P. Murphy , Murphy Armstrong, & Felton, Seattle, WA; Stanley J. Tharp , Eberle, Berlin, Kading, Turnbow & McKlveen, Chartered, Boise, ID, for Intervenor-Appellant.

Peter Krzywicki (argued) and Paul Gormley , United States Department of Justice, Environmental and Natural Resources Division, Washington, D.C., for Plaintiff-Appellee.

W. Christopher Pooser (argued), and Kevin J. Beaton , Stoel Rives , Boise, ID, for Defendant-Appellee.

Before: A. WALLACE TASHIMA and MARY H. MURGUIA, Circuit Judges, and CORMAC J. CARNEY, District Judge.

OPINION

MURGUIA, Circuit Judge:

This case concerns the district court's obligations in reviewing a settlement made pursuant to the provisions of the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 42 U.S.C. §§ 9601-75, that authorize the United States to settle with a potentially responsible party ("PRP") for an amount less than that PRP's proportionate share of the cost to clean up a polluted site if it has a...

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