United States Fifth Circuit

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Consol. Cos. Inc. v. Union Pac. R.R. Co., 06-30570

In an action brought by a property owner against a railroad company arising from alleged contamination of the property by railroad operations, an interlocutory judgment in favor of plaintiff following a bench trial is affirmed where: 1) plaintiff had standing to bring claims implicating the site at issue in its entirety; and 2) the district court did not err in defining the term "facility" for purposes of the claims brought by plaintiff under the Resource Conservation Recovery Act (RCRA) and state environmental law.

Appellate Information

  • Decided 08/28/2007
  • Published 08/28/2007

Judges

  • EMILIO M. GARZA, Circuit Judge:, Before HIGGINBOTHAM, GARZA and BENAVIDES, Circuit Judges.

Court

  • United States Fifth Circuit

Counsel

  • For Appellees:
  • Patrick John Hanna (argued), Rabalais, Hanna & Hebert, Lafayette, LA, for Plaintiff-Appellee., Harry Alston Johnson, III (argued), Steven Jay Levine, Patrick O'Hara, Phelps Dunbar, Baton Rouge, LA, Suzanne Y. Echevarria, Houston, TX, for Defendant-Appellant.