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Pinal Creek Group v. Newmont Mining Corp.

ELR Citation: 35 ELR 20021
Nos. No. CV911764PHXDAELOA, (D. Ariz., 01/24/2005) motion in limine

A district court granted in part and denied in part a company's motion in limine to exclude an environmental group's proffered expert testimony in a Comprehensive Environmental Response, Compensation, and Liability Act case. At issue in the trial is the group's claim that the company was a "direct operator" of the pollution-causing facilities or a "direct arranger" of the disposal of wastes from those facilities. Only those experts whose testimony concerns the determination of operator and arranger liability is relevant. Evidence of the corporate relationship between the company and the facilities is relevant to provide important factual background in this matter. All other testimony concerning what the law is and how the law should be applied to the facts of this case is irrelevant and is excluded.

[Prior decisions in this litigation are published at 26 ELR 21422 and 27 ELR 21211.]