United States Third Circuit
Trinity Industries, Inc. v. Chicago Bridge & Iron Company, 12-2059
Summary judgment for defendant on plaintiff's claims under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Resource Conservation and Recovery Act (RCRA) is: 1) affirmed in part, where plaintiff has not shown that defendant's participation is "necessary" as RCRA section 7002(a)(1)(B) requires, now that the conditions of the Consent Order are in place and appear to be effective; and 2) vacated and remanded in part, where CERCLA section 113(f)(3)(B) does not require that a party have settled its liability under CERCLA in particular to be eligible for contribution.
Appellate Information
- Decided 08/20/2013
- Published 08/20/2013
Judges
- CHAGARES
Court
- United States Third Circuit