United States Tenth Circuit

In a cost-recovery claim under the Comprehensive Environmental Response, Compensation, and Liability Act, plaintiffs have failed to establish that the release of hazardous substance caused them to incur necessary response costs consistent with the National Contingency Plan.

Appellate Information

• Decided 01/05/2005
• Published 01/05/2005

Judges

• BALDOCK, Circuit Judge., Before KELLY, BALDOCK, and BRISCOE, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Gerald L. Hilsher (Blake K. Champlin with him on the briefs) of Boone, Smith, Davis, Hurst & Dickman, Tulsa, OK, for Plaintiffs-Appellants.


• For Appellees:
  
• Todd S. Kim (Thomas L. Sansonetti, Assistant Attorney General, Eric G. Hostetler, Angeline Purdy, and R. Justin Smith with him on the brief) of the United States Department of Justice, Washington D.C., for Federal Defendants-Appellees., Stephen W. Smith, Henryetta, OK, for Defendant-Appellee City of Henryetta.