green
Positive treatment
20.7 score
G Cite
cited 3× by 3 distinct cases, last quoted 1995 · 2 courts ·
…congress enacted cercla to facilitate the cleanup of potentially dangerous hazardous waste sites, with a view to the preservation of the environment and human health.
at p. 92
⚠ not in text
Treatment trajectory · 1994 → 2026 · click a year to view as-of
1994
2010
2026
Top citers, strongest first. 27 distinct citers.
How cited ↗
discussed
Cited as authority (rule)
Coppola v. Smith
However, a “transporter clearly does not select the disposal site merely by following the directions of the party with which it contracts,” since such a transporter acts only as “a mere conduit of the waste.” United States v. Davis, 261 F.3d 1, 55-56 (1st Cir.2001); Tippins Inc. v. USX Corp., 37 F.3d 87, 95 (3d Cir.1994).
discussed
Cited as authority (rule)
United States v. South Jersey Clothing Co.
One of CERCLA’s main purposes is to hold “responsible parties financially accountable for the costs associated with remedial or removal action at hazardous waste facilities.” Tippins Inc. v. USX Corp., 37 F.3d 87, 92 (3d Cir.1994).
discussed
Cited as authority (rule)
United States v. Zavkibeg Ashurov
(2×)
also: Cited "see, e.g."
Our Court has also recognized the basic canon that “referential and qualifying words and phrases, where no contrary intention appears, refer solely to the last antecedent.” Tippins v. USX Corp., 37 F.3d 87, 93 (3d Cir.1994) (citing Norman J.
discussed
Cited as authority (rule)
Action Manufacturing Co. v. Simon Wrecking Co.
Tippins Inc. v. USX Corp., 37 F.3d 87, 94 (3d Cir.1994) (“[A] person is liable as a transporter not only if it ultimately selects the disposal facility, but also when it actively participates in the disposal decision to the extent of having had substantial input into which facility was ultimately chosen.”).
examined
Cited as authority (rule)
United States v. William M. Davis, Ashland, Inc.
(3×)
also: Cited "see"
The substantiality of the input will be a function, in part, of whether the decisionmaker relied upon the transporter’s special expertise in reaching its final decision. 37 F.3d at 94-95 (citation omitted).
examined
Cited as authority (rule)
State of RI v. Env. Tech.
(3×)
also: Cited "see"
The substantiality of the input will be a function, in part, of whether the decisionmaker relied upon the transporter's special expertise in reaching its final decision. 37 F.3d at 94-95 (citation omitted).
discussed
Cited as authority (rule)
Federal Election Commission v. Arlen Specter '96
(2×)
also: Cited "see"
Cf. Tippins, 37 F.3d at 93 (reliance on general canons of statutory construction inappropriate where statute was inartfully drafted and had imprecise language).
cited
Cited as authority (rule)
Rosenbloom v. Esso Virgin Islands, Inc.
Tippins, Inc. v. USX Corp., 3rd Cir., 37 F.3d 87, 92 (1994). 27 .
discussed
Cited as authority (rule)
United States v. Compaction Systems Corp.
(2×)
also: Cited "see"
See Reading, 115 F.3d at 1124 ; Tippins Inc. v. USX Corp., 37 F.3d 87, 92 (3d Cir.1994) (holding that to be successful under both Sections 107 and 113, a plaintiff must first “establish that the defendant .is a responsible party” by showing that “defendant has incurred section 107(a) liability....
discussed
Cited as authority (rule)
United States v. Davis
Transporter Liability — “Selection” of Site Under CERCLA, a person who transports hazardous waste to a disposal site is hable only if the site was “selected by such person.” 42 U.S.C. § 9607 (a)(4) (emphasis added); Tippins Inc. v. USX Corp., 37 F.3d 87, 94 (3d Cir.1994).
discussed
Cited as authority (rule)
In Re Tutu Wells Contamination Litigation
(2×)
United States v. Alcan Aluminum Corp., 964 F.2d 252, 259 (3d Cir. 1992); see also CDMG Realty, 96 F.3d at 712; Colorado & Eastern, 50 F.3d at 1535 ("it is now well settled that § 107 imposes strict liability on [PRPs]"); Tippins Inc. v. USX Corp., 37 F.3d 87, 92 (3d Cir. 1994); H.R.
discussed
Cited as authority (rule)
New Castle County Rhone-Poulenc, Inc., Zeneca, Inc. v. Halliburton Nus Corp
(2×)
United States v. Alcan Aluminum Corp., 964 F.2d 252, 259 (3d Cir.1992); see also United States v. CDMG Realty Co., 96 F.3d 706, 712 (3d Cir.1996); Colorado & Eastern, 50 F.3d at 1535 (“it is now well settled that § 107 imposes strict liability on [potentially responsible persons]”); Tippins Inc. v. USX Corp., 37 F.3d 87, 92 (3d Cir.1994); H.R.Rep.
discussed
Cited as authority (rule)
Branch Metal Processing, Inc. v. Boston Edison Co.
CERCLA was enacted by Congress “ ‘to facilitate the cleanup of potentially dangerous hazardous waste sites, with a view to the preservation of the environment and human health.’ ” United States v. USX Corp., 68 F.3d 811, 814 (3d Cir.1995) (quoting Tippins, Inc. v. USX Corp., 37 F.3d 87, 92 (3d Cir.1994)).
discussed
Cited as authority (rule)
Goodrich v. Betkoski
(2×)
also: Cited "see"
Tippins Inc. v. USX Corp., 37 F.3d 87, 94 (3d Cir.1994).
discussed
Cited as authority (rule)
Goodrich v. Betkoski
(2×)
also: Cited "see"
Tippins Inc. v. USX Corp., 37 F.3d 87, 94 (3d Cir.1994).
discussed
Cited as authority (rule)
United States v. CDMG Realty Co.
Congress enacted CERCLA with two principal goals in mind — to facilitate the cleanup of potentially dangerous hazardous waste sites, Tippins Inc. v. USX Corp., 37 F.3d 87, 92 (3d Cir.1994), and to force polluters to pay the costs associated with their pollution, United States v. Alcan Aluminum, 964 F.2d 252, 257-58 (3d Cir.1992).
examined
Cited as authority (rule)
United States v. Usx Corporation Atlantic Disposal Service, Inc. Eastern Solid Waste Equipment Company, Inc. A.C. Realty Churchdale Leasing Inc. Paul C. Murphy, Inc. Attwoods, Inc. Alvin White Ave Maria Carite, as of the Estate of Charles Carite Stephen Miner, as of the Estate of Charles Carite, Alvin White A.C. Realty Anthony Carite, Jr., Ave Maria Carite, as of the Estate of Charles Carite Stephen Miner, as of the Estate of Charles Carite Atlantic Disposal Service, Inc. Usx Corporation the Harleysville Mutual Insurance Company, Third-Party v. Chubb Group of Insurance Companies First State Insurance Company the Harleysville Mutual Insurance Company Interstate Fire and Casualty Company Pennsylvania Manufacturers Insurance Company Safety Mutual Casualty Corporation Wyle Laboratories, Inc. Eastern Solid Waste Equipment Company, Inc. Churchdale Leasing Inc. A.C. Realty Attwoods, Inc. Paul C. Murphy, Inc. Alvin H. White Ave Maria Carite, as of the Estate of Charles Carite Stephen Miner, as of the Estate of Charles Carite Anthony Carite, Jr. Utica Mutual Insurance Company, Third-Party Atlantic Disposal Service, Inc., Alvin White, A.C. Realty, Ave Marie Carite, as of the Estate of Charles Carite, and Stephen Miner, as of the Estate of Charles Carite
(4×)
also: Cited "see"
FACTS AND PROCEDURAL HISTORY A. The Statutory Liability Scheme 8 "Congress enacted CERCLA to facilitate the cleanup of potentially dangerous hazardous waste sites, with a view to the preservation of the environment and human health." Tippins, Inc. v. USX Corp., 37 F.3d 87, 92 (3rd Cir.1994).
discussed
Cited as authority (rule)
United States v. USX Corp.
(2×)
also: Cited "see"
FACTS AND PROCEDURAL HISTORY A. The Statutory Liability Scheme "Congress enacted CERCLA to facilitate the cleanup of potentially dangerous hazardous waste sites, with a view to the preservation of the environment and human health." Tippins, Inc. v. USX Corp., 37 F.3d 87, 92 (3rd Cir. 1994).
examined
Cited as authority (rule)
United States v. USX Corp.
(4×)
also: Cited "see"
FACTS AND PROCEDURAL HISTORY A. The Statutory Liability Scheme “Congress enacted CERCLA to facilitate the cleanup of potentially dangerous hazardous waste sites, with a view to the preservation of the environment and human health.” Tippins, Inc. v. USX Corp., 37 F.3d 87, 92 (3rd Cir.1994).
discussed
Cited as authority (rule)
To-Am Equipment Co. v. Mitsubishi Caterpillar Forklift America
We point out that general canons of construction are "more appropriately applied to divine intent from statutes carefully worded and assiduously compiled,” rather than from statutes reflecting "imprecise statutory language.” See Tippins Inc. v. USX Corp., 37 F.3d 87, 93 (3d Cir.1994) (refusing to limit modifying clause as applying only to the last antecedent, even though no comma preceded the modifying clause, because statute “inartfully craft[ed]”).
discussed
Cited as authority (rule)
ACC Chemical Co. v. Halliburton Co.
The substantiality of the input will be a function, in part, of whether the decisionmaker relied upon the transporter’s [input] Tippins, Inc. v. USX Corp., 37 F.3d 87, 94-95 (3d Cir.1994) (footnote omitted); see United States v. Hardage, 985 F.2d 1427, 1435 (10th Cir.1993) (transporter liability is predicated on site selection by the transporter).
discussed
Cited "see"
New Mexico ex rel. N.M. Env't Dep't v. U.S. Envtl. Prot. Agency
Okla. 1990) ; see Tippins, Inc. , 37 F.3d at 94-95 (holding that "a person is liable as a transporter not only if it ultimately selects the disposal facility, but also when it actively participates in the disposal decision to the extent of having had substantial input into which facility was ultimately chosen").
discussed
Cited "see"
Grand Street Artists v. General Electric Co.
See Tippins Inc. v. USX Corp., 37 F.3d 87, 92 (3d Cir.1994)(“It is axiomatic that the starting point for interpreting a statute is the language of the statute itself.”) CERCLA does not define the word “acquire.” In the absence of any special meaning, the ordinary meaning of the word should be assigned.
cited
Cited "see"
United States v. Keystone Sanitation Co., Inc.
See Tippins Inc. v. USX Corp., 37 F.3d 87, 92 (3d Cir.1994); United States v. Alcan Aluminum Corp., 964 F.2d 252, 257-58 (3d Cir.1992) (citations omitted).
discussed
Cited "see, e.g."
City of Las Cruces v. United States of America
See, e.g., Tippins Inc. v. USX Corp., 37 F.3d 87, 94 (3rd Cir. 1994) (stating that “a person is liable as a transporter not only if it ultimately selects the disposal facility, but also when it actively participates in the disposal decision to the extent of having had substantial input into which facility was ultimately chosen.”).
cited
Cited "see, e.g."
Interfaith Community Organization v. Honeywell International, Inc.
See, e.g., Tippins Inc., v. USX Corp., 37 F.3d 87, 90 (3d Cir.1994).
Retrieving the full opinion text from the archive…
Roy P. Wood, Jr.
v.
Amerada Hess Corporation, and Interport Pilots Agency, Inc., Defendant-Intervenor-Appellee
v.
Amerada Hess Corporation, and Interport Pilots Agency, Inc., Defendant-Intervenor-Appellee
223.
Court of Appeals for the Second Circuit.
Oct 12, 1994.
Published
Roy P. WOOD, Jr., et al., Plaintiffs-Appellants,
v.
AMERADA HESS CORPORATION, et al., Defendants-Appellees,
and
Interport Pilots Agency, Inc., Defendant-Intervenor-Appellee.
No. 223, Docket 94-7255.
United States Court of Appeals,
Second Circuit.
Argued Sept. 1, 1994.
Decided Oct. 12, 1994.
Appeal from the Opinion and Order of the United States District Court for the Southern District of New York, Leonard B. Sand, Judge.
Herbert B. Halberg, New York City (Celestino Tesoriero, Beck & Halberg, on the brief), for plaintiffs-appellants.
John F. Keating, New York City (Eli Ellis, Hill, Betts & Nash, on the brief), for defendant-appellee Amerada Hess Corp.
Joel N. Kreizman, Little Silver, NJ (Evans, Osborne, Kreizman and Bonney, on the brief), for defendant-intervenor-appellee Interport Pilots Agency, Inc.
Before: NEWMAN, Chief Judge, KEARSE and CARDAMONE, Circuit Judges.
PER CURIAM:
1
This appeal presents the issue of whether state pilots were entitled to collect pilotage fees pursuant to New York and New Jersey pilotage statutes, N.Y.Nav.Law Sec. 88(1) (McKinney 1989) and N.J.Stat.Ann. Sec. 12:8-35 (West Supp.1994), for certain voyages of United States commercial vessels traveling between New York and the United States Virgin Islands. The District Court for the Southern District of New York (Leonard B. Sand, Judge) ruled on cross-motions for summary judgment that, under the circumstances presented, state pilotage fees could not be collected. Wood v. Amerada Hess Corp., 845 F.Supp. 130 (S.D.N.Y.1994). We affirm on the comprehensive opinion of Judge Sand.