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United States DC Circuit


CHEM-NUCLEAR SYS., INC. v. CHEM. WASTE MGMT., INC., 01-5184

Denial of a request for reimbursement from the U.S. under CERCLA, for costs incurred in cleaning up portions of a polluted ravine, was proper where appellant failed to meet the burden of proving 1) the number of waste barrels that it dumped at the site, and 2) that it was not liable for any additional waste at the site.

Appellate Information

  • Argued 04/25/2002
  • Decided 06/11/2002
  • Published 06/11/2002

Judges

  • Before:  SENTELLE, HENDERSON and RANDOLPH, Circuit Judges.

Court

  • United States DC Circuit

Counsel

  • For Appellant:
  • James T. Banks argued the cause for the appellant.  Patrick D. Traylor was on brief.

  • For Appellees:
  • John L. Smeltzer, Attorney, United States Department of Justice, argued the cause for the appellees.  Robert H. Oakley, Attorney, United States Department of Justice, was on brief.
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