Is cadillac fairview entitled to response costs

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Reference no: EM133312265

Assignment:

1. "Belvidere Steel Co. is seeking a site to expand its operations. It finds an apparently ideal site on the Little Lehigh River in northeastern Pennsylvania. The technical people have certified to the board of directors that the site is free of contamination from hazardous waste, has an excellent transportation system, and is otherwise ideally located for the manufacture of specialty steel. At this stage, you are called before the board to discuss the site as the technical expert on air and water pollution. What issues are you going to discuss with the board?"

2. "In 1978, Cadillac Fairview purchased a site in Torrence, California. Later it learned that hazardous waste was deposited on the site, that it had migrated to the underlying soil, and that it was a threat to cause substantial environmental and health problems. At the request of state officials, Cadillac Fairview hired engineers to do chemical testing at the site and to evaluate the hazards posed by the contamination. In addition, it erected a fence around the site and posted guards to keep trespassers off the site. It spent $70,000 on these removal activities.The site had been purchased by the federal government in 1942 and a rubber-producing plant had been constructed on it. Dow Chemical operated the facility under a contract with the government. The contract authorized Dow to dump hazardous by-products of its production processes on the site; it also deposited hazardous waste on the site until 1972. Cadillac Fairview purchased the site from a successor in title of Shell Oil.

Cadillac Fairview sued the federal government, Dow, and Shell to recover its response costs. Is Cadillac Fairview entitled to response costs? From whom? Why?

Reference no: EM133312265

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