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JMS Dev. Co. v. Bulk Petroleum Corp.

Citation: 33 ELR 20245
No. No. 02-1674, (7th Cir., 07/24/2003)

The court holds that it lacks jurisdiction over a gas station operator's appeal of a district court order requiring it to deposit money into an escrow account to pay for anticipated cleanup costs of neighboring contaminated property. The operator's liability for the cleanup has not been reduced to a final, appealable judgment. Although the operator is responsible for the cleanup pursuant to a 1997 consent decree, the extent of the operator's monetary liability remains indeterminate. An escrow fund has been established, and the operator was ordered to deposit money into an escrow fund in order to cover the costs of the cleanup. But with the cleanup incomplete, the costs can only be estimated. Thus, the district court order is not final.

[Counsel not available at this printing.]