From our private database of 35,800+ case briefs...
United States v. CDMG Realty Co.
United States Court of Appeals for the Third Circuit
96 F.3d 706 (1996)
Sharkey’s Farm Landfill (Sharkey’s Landfill) operated as a municipal landfill from 1945 to 1972 in Morris County, New Jersey. During its operations, Sharkey’s Landfill received and disposed of hazardous chemical waste and municipal solid waste. In 1981, Dowel purchased 10 acres of the Sharkey’s Landfill property. The property was vacant when purchased by Dowel and remained vacant during Dowel’s ownership. The only activity performed by Dowel on the land was a soil investigation to determine the land’s ability to support construction. The soil investigation involved drill borings that bored through various waste materials and groundwater. In 1987, Dowel sold the property to HMAT Associates, Inc (HMAT) (defendant). Dowel disclosed in the contract of sale that the property was part of Sharkey’s Landfill, that the landfill was under investigation by state and federal authorities, and that the property was part of a potential Superfund site under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). In 1989, the Environmental Protection Agency (EPA) and New Jersey Department of Environmental Protection and Energy (plaintiffs) commenced actions against potentially responsible parties liable for the cleanup costs of the Sharkey’s Landfill property. Dowel was not sued, but HMAT was named as a defendant under CERCLA because it was the current owner of the property. HMAT filed a third-party suit against Dowel to seek contribution from Dowel as a former owner of the property at the time of disposal. HMAT argued that Dowel was liable under CERCLA as a former owner at the time of disposal because of the passive migration of waste in the landfill that occurred during Dowel’s ownership. Dowel and HMAT moved for summary judgment. The district court granted Dowel’s summary-judgment motion and denied HMAT’s motion. HMAT appealed.
Rule of Law
Holding and Reasoning (Becker, 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 620,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead 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.Learn about our approachRead more about Quimbee
Here's why 620,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 35,800 briefs, keyed to 984 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.