GIOVANNI v. U.S. DEPT. OF NAVY

Nos. 17-2473 & 17-3196.

906 F.3d 94 (2018)

Kristen GIOVANNI, Individually and as parent and natural guardian of V.G., a minor, and D.G., a minor; Charles Giovanni, Individually and as parent and natural guardian of V.G., a minor and D.G., a minor; Anthony Giovanni, Appellants in No. 17-2473 v. UNITED STATES DEPARTMENT OF the NAVY Dorothy Palmer; George Palmer, Appellants in No. 17-3196 v. United States Department of the Navy.

United States Court of Appeals, Third Circuit.

Opinion Filed: October 2, 2018.


Attorney(s) appearing for the Case

Mark R. Cuker , [ARGUED], Amy Montemarano , Cuker Law, 2005 Market Street — Ste. 1300, Philadelphia, PA 19103, Counsel for Appellants Kristen Giovanni, Charles Giovanni and Anthony Giovanni.

Steven E. Angstreich , [ARGUED], Amy R. Brandt , Weir & Partners, 1339 Chestnut Street — Ste. 500, Philadelphia, PA 19107, Counsel for Appellants Dorothy Palmer and George Palmer.

Jeffrey H. Wood , [ARGUED] Eric Grant , Chloe H. Kolman , Sonya J. Shea , Thomas J. Alford , Brian C. Toth , Jeffrey S. Beelaert , United States Department of Justice, Environment & Natural Resources Division, P.O. Box 7611, Ben Franklin Station, Washington, DC 20044, Counsel for Appellee.

Deanna K. Tanner , Delaware Riverkeeper Network, 925 Canal Street — Ste. 3701, Bristol, PA 19007, Counsel for Amicus Appellants Delaware Riverkeeper and Delaware Riverkeeper Network.

Suzanne I. Novak , Earthjustice, 48 Wall Street — 19th Fl., New York, NY 10005, Counsel for Amicus Appellants Brendan Boyle, Lori Cervera, Renee Frugoli, Hope Grosse, Yvonne Love, Minda Ruch, Joanne Stanton and Jacquelyn Rose Wiest.

Kevin S. Hannon , 1641 Downing Street, Denver, CO 80218, Counsel for Amicus Appellant Toxics Action Center.

Before: JORDAN, BIBAS, and SCIRICA, Circuit Judges.


OPINION OF THE COURT

The Giovanni family and the Palmer family live in neighborhoods close to contaminated federal facilities that were owned and operated for decades by the United States Navy. The families filed separate suits in state court under the Pennsylvania Hazardous Sites Cleanup Act

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