United States Seventh Circuit
Village of DePue v. Exxon Mobil Corp., 07-2311
In a suit alleging that defendant was in violation of a village nuisance ordinance directing it to clean up a Superfund site, dismissal of claims is affirmed where: 1) federal jurisdiction existed notwithstanding a venue-selection clause in a consent order or plaintiff's Younger abstention claim; 2) the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) did not bar jurisdiction by a federal court sitting in diversity; 3) defendant failed to carry its burden of proving federal preemption of the claims; but 4) Illinois law, which established a statewide regime for protection of the environment, did preempt plaintiff's nuisance claims.
Appellate Information
- Argued 02/14/2008
- Decided 08/11/2008
- Published 08/11/2008
Judges
- RIPPLE, Circuit Judge., Before RIPPLE, SYKES and TINDER, Circuit Judges.
Court
- United States Seventh Circuit
Counsel
- For Appellant:
- Richard L. Steagall (argued), Nicoara & Steagall, Peoria, IL, for Plaintiff-Appellant.
- For Appellees:
- Mark S. Lillie (argued), Kirkland & Ellis, Chicago, IL, for Defendants-Appellees.