United States Ninth Circuit

Summary and declaratory judgments on liability and award of costs to the Environment Protection Agency (EPA) are affirmed in a challenge to its removal action in response to a threat of asbestos-related contamination since the EPA did not exceed the bounds of its authority to conduct cleanup activities.

Appellate Information

• Argued 02/07/2005
• Decided 12/01/2005
• Published 12/01/2005

Judges

• McKEOWN, Circuit Judge:, Before: B. FLETCHER, McKEOWN, and BEA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• David L. Mulliken, Esq., Latham & Watkins, LLP, San Diego, CA, for the amicus.


• For Appellees:
  
• Christopher Landau and John C. O'Quinn, Kirkland & Ellis LLP, Washington, D.C.;  Kenneth W. Lund, Linnea Brown and Katheryn Jarvis Coggon, Holme Roberts & Owen LLP, Denver, CO, for the defendants-appellants., John T. Stahr, Environment and Natural Resources Division, U.S. Department of Justice, Washington, D.C.;  James Freeman, Environment and Natural Resources Division, U.S. Department of Justice, Denver, CO, for the plaintiff-appellee.