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CRANBURY BRICK YARD, LLC v. U.S.

No. 18-3287.

943 F.3d 701 (2019)

CRANBURY BRICK YARD, LLC, Appellant, v. UNITED STATES of America; The United States Department of the Navy; The United States Department of the Army.

United States Court of Appeals, Third Circuit.

Filed: November 22, 2019.

Attorney(s) appearing for the Case

John McGahren [ARGUED], Stephanie R. Feingold , Morgan, Lewis & Bockius, 502 Carnegie Center, Princeton, NJ 08540, Counsel for Appellant.

Jeffrey Bossert Clark , Allen M. Brabender , Avi Kupfer [ARGUED], United States Department of Justice, Environment & Natural Resources Division, P.O. Box 7415, Washington, D.C. 20044, Heather E. Gange , United States Department of Justice, Environment & Natural Resources Division, P.O. Box 7611, Washington, DC 20044, Counsel for Appellees.

Before: HARDIMAN, GREENAWAY, JR., and BIBAS, Circuit Judges.

OPINION OF THE COURT

Cleaning up pollution is both essential and expensive. But polluters often frustrate cleanups, blaming one another to shift their fair share of the costs. The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) tries to fix this problem by forcing them all to pay: A...

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