AUGUST MACK ENVIRONMENTAL, INC. v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

No. 19-1962.

AUGUST MACK ENVIRONMENTAL, INC., Plaintiff-Appellant, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: January 7, 2021.


Attorney(s) appearing for the Case

ARGUED: Philip R. Zimmerly , BOSE McKINNEY & EVANS, LLP, Indianapolis, Indiana, for Appellant.

Katelin Shugart-Schmidt , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee.

ON BRIEF: Bradley R. Sugarman , Andrew M. McNeil , BOSE McKINNEY & EVANS LLP, Indianapolis, Indiana, for Appellant.

Jeffrey Bossert Clark , Assistant Attorney General, Eric Grant , Deputy Assistant Attorney General, Evelyn Ying , Austin Saylor , Environment and Natural Resources Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.; Benjamin Cohan , Lee Tyner , UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Washington, D.C., for Appellee.

Vacated and remanded by unpublished opinion. Judge King wrote the opinion, in which Judge Gallagher joined. Judge Diaz wrote a dissenting opinion.


UNPUBLISHED

Unpublished opinions are not binding precedent in this circuit.

The plaintiff in these proceedings, August Mack Environmental, Inc., seeks to recover nearly $2.7 million in costs incurred cleaning up a contaminated industrial property in Fairmont, West Virginia, that has been designated as a so...

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