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U.S. v. STERLING CENTRECORP INC.

No. 18-15585.

977 F.3d 750 (2020)

UNITED STATES of America; California Department of Toxic Substances Control, Plaintiffs-Appellees, v. STERLING CENTRECORP INC., Defendant-Appellant, and Stephen P. Elder; Elder Development, Inc., Defendants.

United States Court of Appeals, Ninth Circuit.

Filed October 5, 2020.

Attorney(s) appearing for the Case

Kaitlyn D. Shannon (argued) and Gary J. Smith , Beveridge & Diamond P.C., San Francisco, California, for Defendant-Appellant.

Allen M. Brabender (argued), Patricia L. Hurst , Paul Cirino , and Peter Krzywicki , Attorneys; Eric Grant , Deputy Assistant Attorney General; Jeffrey H. Wood , Acting Assistant Attorney General; Environment & Natural Resources Division, United States Department of Justice, Washington, D.C.; Xavier Becerra , Attorney General; Sally Magnani , Senior Assistant Attorney General; Edward Ochoa , Supervising Deputy Attorney General; Olivia Karlin and John W. Everett , Deputy Attorneys General; Office of the Attorney General, San Diego, California; for Plaintiffs-Appellees.

Partial Concurrence and Partial Dissent by Judge N.R. Smith.

OPINION

The United States and the California Department of Toxic Substances Control (collectively, Plaintiffs) designated the former Lava Cap Mine (Mine), located in Nevada County, California, as a Superfund Site (Site)1 known to be polluted by elevated and potentially dangerous levels...

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