United States Eighth Circuit

In an environmental case involving the clean-up of a contaminated site, a modified injunction stating that defendant-CBS has "substantially complied" with a Minnesota Decision Document and imposing no additional requirements on it is affirmed in part and vacated in part where: 1) the district court's decision was consistent with the prior mandate from the circuit court; 2) there was substantial evidence in the record that CBS completed the remediation required by the Decision Document, and thus there was no error in finding that no further relief was necessary under Paragraph 1 of the injunction; 3) denial of plaintiff's requests to increase the amount of a performance bond posted by CBS was proper; but 4) a denial of post-judgment response costs is vacated and remanded for further proceedings.

Appellate Information

• Decided 08/18/2009
• Published 08/18/2009

Judges

• JOHN R. GIBSON, Circuit Judge., Before BYE, JOHN R. GIBSON, and SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• George Gregory Eck, argued, Michael R. Drysdale, on the brief, Minneapolis, MN, for appellant.


• For Appellees:
  
• David Horan, argued, Dallas, TX, Glen D. Nager, Washington DC, Delmar R. Ehrich, Minneapolis, MN, on the brief, for appellee.