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Cadillac Fairview/Cal., Inc. v. Dow Chem. Co.

Citation: 14 ELR 20716
No. Nos. 83-7996-LTL(Bx), -8034-LTL(Bx), 21 ERC 1584/(C.D. Cal., 08/29/1984) Reconsideration denied

The court reaffirms, in denying a motion for reconsideration, its prior holding that no private cause of action is available under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to recover privately incurred response costs absent prior action under CERCLA. This governmental action may be, but need not be, the listing of the site on the national priorities list.

[The original district court opinion in this case appears at 14 ELR 20376.]

Counsel are listed at 14 ELR 20376.