United States First Circuit

In a suit against the owners and operators of two fiberglass manufacturing facilities in Puerto Rico to recover the costs of a hazardous-substance removal action conducted by the EPA under CERCLA, judgment finding the defendants jointly and severally liable is affirmed over defendants' arguments that: 1) the EPA's cleanup did not fit the definition of a "removal action"; and 2) the district court erred in imposing civil penalties for defendants' failure to respond to the EPA's Information Request.

Appellate Information

• Decided 02/16/2007
• Published 02/16/2007

Judges

• CYR, Senior Circuit Judge., Before BOUDIN, Chief Judge, CYR, Senior Circuit Judge, and LIPEZ, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Julie A. Soderlund, for appellant.


• For Appellees:
  
• Robert H. Oakley, Attorney, Environment & Natural Resources Division, with whom Sue Ellen Wooldridge, Assistant Attorney General, James C. Kilbourne, and Elizabeth Yu, Attorneys, Environment & Natural Resources Division, were on brief, for appellee.