IN RE MUN. STORMWATER POND COORDINATED LITIG.

No. 21-3177.

73 F.4th 975 (2023)

IN RE: MUNICIPAL STORMWATER POND COORDINATED LITIGATION. City of Burnsville, Minnesota; City of Eden Prairie, Minnesota; City of Maple Grove, Minnesota; City of White Bear Lake, Minnesota; City of Minnetonka, Minnesota; City of Bloomington, Minnesota; City of Golden Valley, Minnesota; City of Eagan, Minnesota; City of Apple Valley, Minnesota; City of Saint Cloud, Minnesota; City of Inver Grove Heights, Minnesota, Plaintiffs-Appellants, v. Koppers, Inc.; Ruetgers Canada, Inc., now known as Rain Carbon Canada Inc; Stella-Jones Corp.; Coopers Creek Chemical Corporation; Lone Star Specialty Products, LLC; Beazer East, Defendants-Appellees,

United States Court of Appeals, Eighth Circuit.

Filed: July 19, 2023.


Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellants/cross appellees and appeared on the appellants/cross appellees' brief, was Julia Kathryn Muench , of New York, NY. The following attorney(s) also appeared on the appellants/cross appellees' brief; Carolyn Glass Anderson , of Minneapolis, MN., June Pineda Hoidal , of Minneapolis, MN., Carl Richard Hansen , of Minneapolis, MN., Diana Gjonaj , of Detroit, MI., Robin Lynn Greenwald , of New York, NY., Nancy Christensen , of New York, NY., Edan Rotenberg , of New York, NY.

Counsel who presented argument on behalf of the appellee/cross appellant Coopers Creek Chemical Corporation and appeared on the appellees/cross appellants brief of Coopers Creek Chemical Corporation and Lone Star Specialty Products, LLC, was Andrew William Davis , of Minneapolis, MN. The following attorney(s) also appeared on the appellees/cross appellants' brief; Claire M. Williams , of Minneapolis, MN., Robert L. Graff , of Minneapolis, MN., Julia J. Nierengarten , of Minneapolis, MN., Joel M. Muscoplat , of Minneapolis, MN.

Counsel who presented argument on behalf of the appellees/cross appellants Beazer East and Koppers, Inc. and appeared on the appellees/cross appellants' brief, was Michael C. McCarthy , of Minneapolis, MN. The following attorney(s) also appeared on the appellees/cross appellants' brief of Koppers, Inc. and Ruetgers Canada, Inc., now known as Rain Carbon Canada, Inc. and the appellee/cross appellant brief of Beazer East; Erica Holzer , of Minneapolis, MN., Robert L. Shuftan , of Chicago, IL., Jevon C. Bindman , of Minneapolis, MN., Tami Lyn Azorsky , of Washington, DC., Christina M. Carroll , of Washington, DC., Wade P.K. Carr , of North Kansas City, MO., Mark Jacobson , of Minneapolis, MN.

Counsel who represented appellee/cross appellant Stella-Jones Corp was Mark D. Anstoetter , of Kansas City, MO., David Brent Dwerlkotte , of Kansas City, MO.

Before COLLOTON, KELLY, and KOBES, Circuit Judges.


Several cities in Minnesota allege that a chemical in refined coal tar that was used in pavement sealants contaminated their stormwater ponds. They filed an action seeking damages from refiners and manufacturers of the tar. The "refiner" defendants take raw coal tar and refine it...

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