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PPG INDUSTRIES INC. v. U.S.

No. 19-1165.

957 F.3d 395 (2020)

PPG INDUSTRIES INC., Appellant, v. UNITED STATES of America; United States Department of Commerce; Secretary United States Department of Commerce; United States Department of Defense.

United States Court of Appeals, Third Circuit.

Filed: May 4, 2020.

Attorney(s) appearing for the Case

Adam G. Husik , Joseph F. Lagrotteria , [ARGUED], K&L Gates, One Newark Center, 10th Floor, Newark, NJ 07102, Joseph M. Rainsbury , I, Miles & Stockbridge, 919 East Main Street, Suite 1100, Richmond, VA 23219, Counsel for Appellant.

Jeffrey Bossert Clark , Assistant Attorney General, Allen M. Brabender , [ARGUED], United States Department of Justice, Environment & Natural Resources Division, P.O. Box 7415, Washington, DC 20044, Counsel for Appellees.

Before: RESTREPO, ROTH and FISHER, Circuit Judges.

OPINION OF THE COURT

This case raises the question of whether the Government's involvement at a chromite ore processing plant during World War I and World War II made it an "operator" under § 107(a)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 42 U.S.C. § 9607...

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