UNITED STATES v. REILLY TAR AND CHEMICAL CORP.

No. 20-2786.

43 F.4th 849 (2022)

UNITED STATES of America; State of Minnesota, by its Attorney General Keith Ellison, its Department of Health and its Pollution Control Agency; City of St. Louis Park; City of Hopkins, Plaintiffs-Appellees v. REILLY TAR AND CHEMICAL CORPORATION; Housing and Redevelopment Authority of St. Louis Park; Oak Park Village Associates; Rustic Oaks Condominium, Inc.; Philips Investment Co., Defendants. Daikin Applied Americas Inc.; Super Radiator Coils LP, Movants-Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: August 5, 2022.


Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellants and appeared on the brief was Charles Bradley Rogers , of Minneapolis, MN. The following attorney(s) appeared on the appellants brief; Margaret Annie Santos , of Minneapolis, MN., Harvey M. Sheldon , of Ft. Lauderdale, FL., Thomas D. Lupo , of Chicago, IL., Nancy Q. Burke , of Minneapolis, MN.

Counsel who presented argument on behalf of the appellee United States of America and appeared on the brief was Katelin Shugart-Schmidt , USDOJ, Environment & Natural Resources Division, of Washington, DC. The following attorney(s) appeared on the appellee United States of America brief; Jeffrey Spector of Saint Louis, MO., Brian Toth , of Washington, DC. Counsel who presented argument on behalf of the appellee City of St. Louis Park and appeared on the brief was David Joseph Zoll , of Minneapolis, MN. The following attorney(s) appeared on the appellee City of St. Louis Park brief; Charles N. Nauen , of Minneapolis, MN. Counsel who appeared on the appellee brief of State of Minnesota was Stacey Person , AAG, of Saint Paul, MN.

Before ERICKSON, MELLOY, and KOBES, Circuit Judges.


For nearly forty years, there has been ongoing efforts to environmentally remediate the Reilly Tar & Chemical Corporation site in St. Louis Park, Minnesota. In 2019, the site's original consent decree and remedial action plan were amended in a fashion that some neighboring parties oppose. At issue is whether the neighboring...

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