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EMHART INDUS. v. UNITED STATES DEPT. OF AIR FORCE

No. 19-1563.

988 F.3d 511 (2021)

EMHART INDUSTRIES, INC., Plaintiff/Third Party Plaintiff, Appellee, State of Rhode Island, by and through the Rhode Island Department of Environmental Management, Plaintiff, Appellee, v. UNITED STATES DEPARTMENT OF THE AIR FORCE, et al., Defendants/third Party Plaintiffs, Appellees, Black & Decker Inc., Third Party Plaintiff/Third Party Defendant, Appellee, CNA Holdings LLC, f/k/a CNA Holdings, Inc, et al., Third Party Defendants, Appellants.

United States Court of Appeals, First Circuit.

February 17, 2021.

Attorney(s) appearing for the Case

Bryan Killian , with whom Duke K. McCall, III , Douglas A. Hastings , Morgan, Lewis & Bockius LLP, Washington, DC, Dan Vineyard , Jennifer Caughey , and Jackson Walker LLP, Houston, TX, were on brief, for appellants CNA Holdings LLC, et al.

Joan M. Pepin , Attorney, Environment and Natural Resources Division, United States Department of Justice, with whom Jeffrey Bossert Clark , Assistant Attorney General, Eric Grant , Deputy Assistant Attorney General, Michael T. Gray , Attorney, Jerome W. MacLaughlin , Attorney, Washington, DC, Phillip R. Dupré , Attorney, Susan Forcier , Deputy Chief Legal Counsel, Rhode Island Department of Environmental Management, Joy Sun , Eve S. Vaudo , EPA Region 1 Office of General Counsel, Michael L. Casillo , Litigation Attorney, Air Force Legal Operations Agency, and Genifer M. Tarkowski , Attorney, Naval Litigation Office, were on brief, for appellees United States, et al.

Joseph W. Hovermill , with whom Joseph L. Beavers , Alexander P. Creticos , Baltimore, MD, Miles & Stockbridge P.C., Christopher A. Duggan , Lincoln, MA, H. Reed Witherby , and Smith Duggan Buell & Rufo LLP, Boston, MA, were on brief, for appellees Emhart Industries, Inc., et al.

Before Barron, Circuit Judge, and Saris, District Judge.

This is an appeal by three companies — CNA Holdings LLC, Exxon Mobil Corporation, and Union Oil Company of California — that seek to vacate a consent decree ("the Decree") to which they were not parties but that had been entered into by the U.S. Department of Defense, the U.S. Department of the Air Force, and...

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