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Missouri v. Independent Petrochemical Corp.

Citation: 17 ELR 20958
No. No. 83-2670 C (2), (E.D. Mo., 12/15/1986) Motions to dismiss cross-claims & third-party defendants' motions denied

The court holds that the application of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to wholly intrastate hazardous waste disposal does not exceed Congress' power under the Commerce Clause and that CERCLA has not preempted the common law of nuisance....

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