From our private database of 14,100+ case briefs...
Amoco Oil Co. v. Borden, Inc.
United States Court of Appeals for the Fifth Circuit
889 F.2d 664 (5th Cir. 1989)
Borden, Inc. (Borden) (defendant) operated a phosphate fertilizer plant on a tract of land. The plant produced radioactive phosphogypsum. Amoco Oil Co. (Amoco) (plaintiff), being unaware of the radioactive nature of phosphogypsum, purchased the land “as is.” After it purchased the land and discovered the radioactivity, Amoco incurred costs to clean up the phosphogypsum. Amoco brought suit under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. § 9601, to recover expenses associated with the cleanup. For liability to be established under CERCLA, the plaintiff must prove, among other things, that a release or threatened release of a hazardous substance has occurred and has caused the plaintiff to incur response costs. CERCLA also provided that cleanup is necessary to the extent it is needed to assure “protection of human health and the environment” under any “legally applicable or relevant and appropriate requirement” (ARAR). The district court analyzed one ARAR—a federal standard for uranium—and found that Amoco had not demonstrated a sufficient level of contamination to warrant liability. Amoco appealed, arguing that although there was not a sufficient level of contamination under the ARAR the district court analyzed, there was a sufficient level of contamination under a federal radium standard.
Rule of Law
Holding and Reasoning (Reavley, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 219,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.