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UNITED STATES & STATE OF NEW YORK v ALCAN ALUMINUM CORP Click to find out why . . .



Keywords & Phrases
CaseNo: USSONYVAAC273463, CourtCode: AP, CourtName: UNITED STATES COURT OF APPEALS, Plaintiff: UNITED STATES & STATE OF NEW YORK, State: NY New York, UniqueCaseRef: LCD>USSONYVAAC273463, Alcan, United States, District Court, Amici, Liability, Harm, Alcan Aluminum, Waste, Cercla, Hazardous Substances, Emulsion, York, Retroactivity, Response Costs, Operation Oswego County, National Restaurant Association, Government, Washington Legal Foundation, Municipal Officials, Amici Curiae, Divisibility, Apportionment, Pcbs, Appeals, State Senator James, Manufacturers Association, National Food Processors, Restatement, Disposals , ContentID: 120248360

Case Documents
1 2000-05 AMICUS BRIEF
[ see first page and extracted highlights below  ] ItemID: 120266
26 pages
PDF
Total Documents: 1 document , 26 pages
Price: $ 19.95


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1 . AMICUS BRIEF

EXTRACTED KEY WORDS
ALCAN
UNITED STATES
DISTRICT COURT
AMICI
LIABILITY
HARM
ALCAN ALUMINUM
WASTE
CERCLA
HAZARDOUS SUBSTANCES
EMULSION
YORK
RETROACTIVITY
RESPONSE COSTS
OPERATION OSWEGO COUNTY
NATIONAL RESTAURANT ASSOCIATION
GOVERNMENT
WASHINGTON LEGAL FOUNDATION
MUNICIPAL OFFICIALS
AMICI CURIAE
DIVISIBILITY
APPORTIONMENT
PCBS
APPEALS
STATE SENATOR JAMES
MANUFACTURERS ASSOCIATION
NATIONAL FOOD PROCESSORS
RESTATEMENT
DISPOSALS
                        No. 01-6008
                       UNITED STATES COURT OF APPEALS
                             FOR THE SECOND CIRCUIT
                     UNITED STATES and STATE OF NEW YORK,

                                                       Appellees,

                                          v.

                           ALCAN ALUMINUM CORPORATION,

                                                       Appellant.

                       On Appeal from the United States District Court
                            for the Northern District of New York
                               Civil Action No. 3:87-CV-920


                 BRIEF OF THE WASHINGTON LEGAL FOUNDATION;
      U.S. SENATOR LARRY E. CRAIG; U.S. REPRESENTATIVES JOHN E. PETERSON,
                   JOHN M. McHUGH, AND MICHAEL G. OXLEY;
        N.Y. STATE SENATOR JAMES W. WRIGHT; N.Y. STATE ASSEMBLYWOMAN
 FRANCES T. SULLIVAN; JOHN J. GOSEK, MAYOR OF THE CITY OF OSWEGO, NEW
       YORK; N.Y. STATE CONFERENCE OF MAYORS AND MUNICIPAL OFFICIALS;
      CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA; NATIONAL
      ASSOCIATION OF MANUFACTURERS; NATIONAL RESTAURANT ASSOCIATION;
NATIONAL FOOD PROCESSORS ASSOCIATION; MANUFACTURERS ASSOCIATION
      OF CENTRAL NEW YORK; OPERATION OSWEGO COUNTY, INC.; THE BUSINESS
        COUNCIL OF NEW YORK STATE, INC.; AND THE ALLIED EDUCATIONAL
          FOUNDATION AS AMICI CURIAE IN SUPPORT OF APPELLANT ALCAN
                             ALUMINUM CORPORATION


                                                       DANIEL J. POPEO
                                                       PAUL D. KAMENAR
                                                         (Counsel of Record)
                                                       WASHINGTON LEGAL FOUNDATION
                                                       2009 Massachusetts Ave., N.W.
                                                       Washington, D.C. 20036



                                                              (202) 588-0302

Date: May 29, 2001                                            Counsel for Amici Curiae
                                        TABLE OF CONTENTS
 TABLE OF
IDENTITY AND INTERESTS OF AMICI CURIAE............................................. 1
STATEMENT OF THE CASE AND INTRODUCTION ....................................... 1
SNIPPETS:
  • UNITED STATES COURT OF APPEALS
  • UNITED STATES and STATE OF NEW YORK,
  • ALCAN ALUMINUM CORPORATION,
  • On Appeal from the United States District Court
  • N.Y. STATE SENATOR JAMES W. WRIGHT; N.Y. STATE ASSEMBLYWOMAN FRANCES T. SULLIVAN; JOHN J. D EDUCATIONAL FOUNDATION AS AMICI CURIAE IN SUPPORT OF APPELLANT ALCAN
  • AND INTERESTS OF AMICI CURIAE
  • THE DISTRICT COURT MISAPPLIED THE DIVISIBILITY RULE
  • STRICT, JOINT, AND SEVERAL LIABILITY UNDER CERCLA
  • Amici curiae are the Washington Legal Foundation;
  • Oxley; N.Y. State Senator James W. Wright; N.Y. State Assemblywoman Frances T.
  • America; National Association of Manufacturers; National Restaurant Association;
  • National Food Processors Association; Manufacturers Association of Central New
  • York; Operation Oswego County, Inc.; The Business Council of New York State,
  • which operate responsibly in handling and disposing of waste materials.
  • the Case and Statement of the Facts as presented by appellant Alcan Aluminum
  • Significantly, neither the virgin emulsion as a whole, nor its water and mineral
  • are "hazardous substances" under the Comprehensive Environmental
  • The government apparently knew
  • CERCLA for reimbursement of response costs.
  • where there is a distinct harm caused by each, or a single harm for which there
  • harm caused to PAS was capable of reasonable apportionment.
  • Because the district court stated that PCBs were not "naturally occurring
  • erroneously applied § 433A of the Restatement of Torts on divisible harm
  • of an explicit textual commitment to retroactivity, the weakness of textual inferences,
  • disposals were made at the facility would be liable.
  •    |