ARC Ecology v. United States Department of Air Force

411 F.3d 1092 (2005)

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ARC Ecology v. United States Department of Air Force

United States Court of Appeals for the Ninth Circuit
411 F.3d 1092 (2005)

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Facts

ARC Ecology (group) (plaintiff), a Philippine environmental group, sued the United States Department of Air Force (Air Force) (defendant) in federal district court. The group sought a court order to compel the Air Force to conduct environmental cleanups at two military bases the Air Force once operated in the Philippines. Citing Murray v. Charming Betsy, the group argued that the court should give extraterritorial application to the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The Air Force argued that the CERCLA’s extraterritorial applicability was inconsistent with respect for a foreign state’s laws. The district court dismissed the case. The group appealed to the Ninth Circuit.

Rule of Law

Issue

Holding and Reasoning (Callahan, J.)

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