United States Tenth Circuit
SIERRA CLUB v. SEABOARD FARMS INC., 03-6104
The Comprehensive Environmental Response, Compensation, and Liability Act, which sets out reporting requirements for the release of hazardous substances from farming facilities, does not require each individual barn, lagoon, and land application area to be considered an individual facility for purposes of the statute.
Appellate Information
- Decided 10/29/2004
- Published 10/29/2004
Judges
- HENRY, Circuit Judge., Before HENRY, BRISCOE, and HARTZ, Circuit Judges.
Court
- United States Tenth Circuit
Counsel
- For Appellant:
- Barclay B. Rogers (Patrick Gallagher and David Bookbinder with him on the briefs), Sierra Club, San Francisco, CA, for Appellant., Judith A. Villines, Stites & Harbison, PLLC, Frankfort, Kentucky, and Laura D. Keller, James W. Taylor, and W. Blaine Early, Stites & Harbison, PLLC, Lexington, KY on the brief for Amicus Curiae.
- For Appellees:
- Ellen B. Steen (Richard E. Schwartz and Kirsten L. Nathanson with her on the brief), Crowell & Moring LLP, Washington, DC, for Appellee.